Annulment of the decision of the High Court of the Canton of Lucerne on the admissibility of a summons action under Lucerne procedural law

Facts

Urs H. was the director of the X. Bank Lucerne, which was in liquidation at the time of his death. His heirs demanded that the division authority draw up a public inventory. The G. Financial Institution then reported claims against the estate of Urs H.

The heirs of Urs H. then initiated a summons procedure pursuant to § 333 et seq. of the Code of Civil Procedure of the Canton of Lucerne (ZPO LU) against the G. Financial Institution. The District Court of Lucerne-Land and subsequently the High Court of the Canton of Lucerne granted the summons action.

The G. Financial Institution then filed a nullity appeal with the Federal Supreme Court and requested the annulment of the contested decision and the remission of the case to the lower instance.

Considerations

The Federal Supreme Court states that the nullity appeal must be dealt with exceptionally before the constitutional appeal, as the violation of federal law by the summons action under Lucerne procedural law must be assessed in the nullity appeal.

The Federal Supreme Court finds that the summons action under Lucerne law is a form of the negative declaratory action, the admissibility of which is assessed according to federal civil law.…