Rejection of a Motion for Revocation under Art. 51 CPC

Facts

The case concerns proceedings initiated on May 21, 2010, to which the former cantonal procedural law and not the CPC apply until the final decision, pursuant to Art. 404 para. 1 CPC. The lower court denied the applicability of the intertemporal law of Art. 51 CPC, as this does not fall under the "legal remedies" mentioned in Art. 405 para. 1 CPC. A motion for revocation under Art. 51 para. 1 CPC may indeed be directed against official acts in general, but under Art. 51 para. 3 CPC, it is only admissible if the ground for recusal is discovered after the conclusion of the proceedings before the relevant instance, but before the expiry of the appeal period.

Considerations

The Federal Supreme Court confirmed the view of the lower court. Art. 51 para. 1 CPC is not applicable in the present case based on Art. 405 para. 1 CPC, as a motion for revocation under Art. 51 CPC does not constitute a legal remedy within the meaning of Art. 405 para. 1 CPC. Furthermore, the previous cantonal procedural law…