Facts
The case concerns a dispute over the attachment of assets of the S. Holding Establishment at Bank T. AG. The plaintiff X. obtained a writ of attachment on December 9, 2010, which was partially lifted after the defendant Z. filed an appeal against the attachment. The High Court of the Canton of Zurich upheld the writ of attachment appeal decision on August 11, 2011.
X. then applied for a revision of this judgment, as he wanted to present new facts and evidence. However, the High Court dismissed the application for revision on December 19, 2011. X. filed a civil law appeal against this decision with the Federal Supreme Court.
Considerations
The Federal Supreme Court dismissed the appeal. It stated that the writ of attachment appeal decision of August 11, 2011 was not a decision subject to revision within the meaning of Art. 328 CPC. Attachment decisions do not acquire the force of res judicata, but merely constitute provisional measures. Therefore, a new application for attachment with modified or supplemented facts and evidence can be filed at any…