Recognition and Enforcement of a Judgment Rendered in Germany in Switzerland

Facts

The company Alois Meier, domiciled in Germany, filed a claim at the place of performance in Germany against Heinz Fischer AG, headquartered in Switzerland. On August 1, 1997, the Higher Regional Court of Munich issued a final judgment, which ordered the defendant to pay DM 429,763.70 plus interest.

By submission dated March 10, 2000, the plaintiff requested the Single Judge of the District of Zurich to declare the German judgment enforceable and to grant the definitive release from debt in debt collection proceedings No. 65342 of the Debt Collection Office Zurich 10. The Single Judge granted this request, which was confirmed by the High Court.

The defendant filed a constitutional appeal against the decision of the High Court.

Considerations

The Federal Court states that the Swiss reservation pursuant to Art. Ia of Protocol No. 1 to the Lugano Convention (Lugano Convention) represents only a stay of enforcement, not a general obstacle to enforcement. This reservation was ineffective as of December 31, 1999, so that judgments rendered prior to that date can also be recognized and enforced in Switzerland.

The Federal Court justifies this with the wording and the legislative history of the reservation. Art. Ia para. 2 of the Lugano Convention expressly provides that the reservation is not to be applied if a change in Art. 59 of the former Federal Constitution has taken place at the time of the…