Facts
Ms. M. rented a restaurant in D. from Ms. G. Differences between the parties led to five proceedings before the Conciliation Authority of the Oberlandquart District in 1995. On November 29/December 13, 1995, the Authority determined that no agreement had been reached on some of the parties' requests, that two terminations by the landlord were null and void, and that a third was valid, and extended the tenancy until April 30, 1996. These findings were communicated to the parties on December 14, 1995 and received by the tenant (plaintiff) on December 18, 1995.
On February 1, 1996, Ms. M. filed a claim with the Oberlandquart District Court to have the decisions of the Conciliation Authority overturned and her requests granted. The District Court did not enter into the claim on February 22, 1996, on the grounds that the federal statutory time limit for filing a claim under Art. 274f(1) CO had expired, as the cantonal provisions on court vacations did not apply to it.
A complaint by the plaintiff against this decision was dismissed by the Graubünden Cantonal Court Committee on April 23, 1996. The plaintiff has appealed against this judgment, which was dismissed by the Federal Supreme Court.
Considerations
The Federal Supreme Court decided that the calculation of the time limit for challenging under Art. 274f(1) CO is based…