Commencement of the time limit for filing a claim in the event of a failed conciliation agreement

Facts

In a tenancy dispute between F. as the landlord and R. as the tenant, the conciliation authority of Uri scheduled a conciliation hearing at the request of the landlord. As the tenant did not appear, the conciliation authority stated in a written notification dated December 21, 1995 that no agreement had been reached. On January 24, 1996, F. filed a claim with the President of the District Court of Ursern against R. for payment of CHF 2,371.80. However, the President of the District Court did not proceed with the claim, as it was of the opinion that F. had missed the 30-day time limit for filing the claim pursuant to Art. 274f para. 1 sentence 2 of the Swiss Code of Obligations (OR).

Considerations

The Federal Supreme Court upholds F.'s constitutional complaint and overturns the judgment of the President of the District Court. It states that the 30-day time limit for filing the claim under Art. 274f para. 1 sentence 2 OR does not start with the written notification of the conciliation authority, but rather with the oral or written announcement of the finding that no agreement was reached. However, since the…