Facts
The single judge in matrimonial matters of the District of Zurich, by order dated July 3, 1992, did not enter into the divorce protection claim filed on March 25, 1992 by Klara R. against her husband Viktor R. due to lack of local jurisdiction. The High Court of the Canton of Zurich dismissed an appeal by Klara R. against this order. Klara R. then filed a federal nullity appeal with the Federal Supreme Court.
The Federal Supreme Court dismissed the nullity appeal. It concluded that the Zurich courts did not have jurisdiction for Klara R.'s comprehensive divorce protection procedure, as neither she nor her husband were domiciled or habitually resident in Switzerland. Furthermore, French law was applicable to the maintenance claims and Swiss law was also not applicable to the other marital rights and obligations.
The Federal Supreme Court further found that the defendant's appearance in the proceedings in Zurich could not establish the jurisdiction of the Swiss courts, as the requirements of Art. 6 PILA in conjunction with Art. 5 para. 3 PILA were not met.
Finally, the Federal Supreme Court also rejected the jurisdiction of the Zurich courts based on the Lugano Convention, as this Convention expressly excludes matrimonial matters from its scope of application.
Considerations
The Federal Supreme Court concluded that the Zurich courts did not have jurisdiction for Klara R.'s comprehensive divorce protection procedure. Neither she nor her husband were domiciled or habitually resident in Switzerland, so the requirements of Art. 46 PILA were not met. Furthermore,…