Facts
In this case, it was about an interim decision of the Geneva court of first instance, which ordered the suspension of the proceedings until a decision on a factually related claim before another court in Vaud. The Geneva judiciary confirmed this decision.
The plaintiff X. SA filed a complaint against this suspension decision with the Swiss Federal Supreme Court.
Considerations
The Federal Supreme Court decided that the order to suspend the proceedings in accordance with Art. 36 para. 1 of the Federal Act on Jurisdiction in Civil Matters (GestG) does not constitute a decision on jurisdiction within the meaning of Art. 92 para. 1 of the Federal Act on the Federal Supreme Court (BGG). Therefore, the independent legal remedy pursued by the plaintiff under Art. 92 para. 1 BGG is not available.
However, the suspension decision can also be challenged independently if it does not cause an irreparable disadvantage within the meaning of Art. 93 para. 1 lit. a BGG, if the appellant claims that the suspension violates the principle of…