Facts
The case concerns the enforcement of a claim recognized in a foreign judgment. On January 30, 1987, Sigmoil Resources N.V. (Curaçao) obtained an attachment order against Brownhill Resources Inc. from the attachment judge in Geneva. On February 23, 1987, a judgment of the High Court of Justice in London ordered the attachment debtor to pay the claim. This judgment was declared enforceable by the court of first instance in Geneva on July 6, 1987, and Sigmoil Resources N.V. was granted definitive release from the debt.
On June 9, 1988, the court of first instance in Geneva lifted the attachment order, whereupon the creditor Sigmoil Resources N.V. filed an appeal. During this proceeding, the debt collection office in Dübendorf, where Brownhill Resources Inc. had relocated its registered office, threatened Brownhill Resources Inc. with bankruptcy. Brownhill Resources Inc. appealed against this.
Considerations
The Federal Court states that a declaration of enforceability issued on the basis of an international treaty is effective throughout the Swiss Confederation. However, if the exequatur is based on cantonal procedural law, it only extends to the canton concerned. Since Switzerland has not concluded an agreement with the United Kingdom on the enforcement of civil judgments, the recognition and enforcement of the judgment rendered in London is governed by cantonal law.
If the debtor changes their domicile to another canton after definitive release from the debt has been granted in enforcement proceedings against them, they can raise the objection in…