Facts
In June 1975, [B. SA] leased premises to V. SA for the operation of a clothing store. The lease, initially for 5 years, was extended until 1995. The rent consisted of a base rent indexed and an additional rent calculated as a percentage of the tenant's turnover.
After disputes over the calculation of the additional rent, [B. SA] filed claims to validate the rent increases. V. SA contested the validity of the rent clause proportional to the turnover.
Considerations
The Federal Tribunal dismissed V. SA's appeal. It considered that the combination of a fixed rent and a rent proportional to the turnover is valid and is not prohibited by the Code of Obligations nor by the Federal Decree on Measures against Abuses in the Rental Sector (AMSL).
Although the rent proportional to the turnover is subject to the AMSL, it cannot be contested during the lease, unlike indexed or graduated rents. The Federal Tribunal considered that this rent must be assimilated to a fixed rent agreed by the parties for the entire duration of the lease.
However, the appellant could contest the method of calculating the proportional rent, which is a contractual dispute…