Decision on the date of communication of the judgment to the parties

Facts

In this case, the First Civil Law Division of the Federal Tribunal was seized of an appeal in civil matters filed by the plaintiff A. SA against the defendants B. and C. On 23 December 2010, the First Civil Division of the Cantonal Tribunal of Neuchâtel partially upheld a payment action based on a contract for services. This judgment was not pronounced at a hearing. On 27 December 2010, the Cantonal Tribunal sent a reasoned copy to all the parties. The defendants received it the following day, 28 December 2010, while the plaintiff received it on 4 January 2011.

Considerations

The First Civil Law Division of the Federal Tribunal had to decide a legal issue concerning the date of communication of the judgment to the parties, in accordance with Art. 405 para. 1 CPC. According to this provision, the communication of the decision to the parties is decisive for the calculation of appeal deadlines.

The Court considered that the communication referred to in Art. 405 para. 1 CPC is an autonomous concept of federal law, which does not refer to cantonal law. It held that communication may take place by handing down the operative part at the hearing, by notification of a written operative part, or by notification of a reasoned copy, including the operative part.

However, the Court noted that the criterion of receipt by the parties posed a problem, as it was possible that one of the parties received the judgment in 2010 and the other in 2011, as was the case here. The commentators on Art. 405 CPC propose to take the date of dispatch…