Facts
The dispute opposes Jérôme Duchosal SA, tenant of offices and warehouses located in a building owned by the Aeschbach brothers, who terminated the lease for September 30, 1970. The tenant brought an action before the Court of First Instance of Geneva, which declared the termination of the lease valid but postponed its effects until December 31, 1971. The Geneva Court of Justice upheld this judgment but extended the lease by 15 months until June 30, 1972.
The Aeschbach brothers appealed to the Federal Tribunal, seeking reinstatement of the first-instance judgment. Duchosal SA proposed upholding the contested decision.
Considerations
The Federal Tribunal examined the admissibility of the appeal, considering that the contested decision was a final decision within the meaning of art. 48 FJA. It also verified the amount in dispute, which exceeded 8,000 fr., and found that the appeal was admissible.
Next, the Federal Tribunal examined the merits of the dispute, considering that the landlord's need for their commercial premises should not be assessed more severely than in the case of housing. When the landlord's need is serious, there is no need to weigh the respective interests of the landlord and tenant.
The Federal Tribunal found that the Court of…