Facts
The case concerns the recognition and enforcement of a payment order issued by the District Court of Warsaw in Switzerland. On May 27, 2010, the appellant, a Polish limited liability company, obtained a payment order against the respondent for an amount of PLN 665,765.05. On September 16, 2010, the appellant requested the Single Judge at the Cantonal Court of Zug to recognize and declare this payment order enforceable.
The Single Judge instructed the appellant to provide proof of service of the document initiating the legal proceedings on the respondent. As the appellant failed to comply with this request, the Single Judge dismissed the application for recognition and declaration of enforceability. The appeal against this decision was rejected by the High Court of the Canton of Zug.
The appellant then filed a civil law appeal with the Federal Supreme Court, requesting that the judgment of the High Court be set aside and that the payment order of the District Court of Warsaw be recognized and declared enforceable.
Considerations
The Federal Supreme Court states that the old Lugano Convention (aLugÜ) is still applicable to the present dispute, as the foreign decision was issued before the revised Lugano Convention entered into force for Switzerland.
Pursuant to Art. 46 No. 2 aLugÜ, in the case of a decision given in default of appearance, the signature or a certified copy of the document must be produced, from which it appears that the document instituting the proceedings was served on the defaulting party. The Federal Supreme Court finds that the…