Facts
A. SA, headquartered in Geneva, granted a line of credit to company X., headquartered in Warsaw. After debt reduction agreements between the shareholders of A. SA and X., the bankruptcy of A. SA was declared in Geneva. The bankruptcy estate brought a claim for avoidance, within the meaning of Art. 285 to 292 DEBA, of the debt remissions before the Court of First Instance of the Canton of Geneva. The defendant X. raised the objection of lack of jurisdiction on the grounds that the Lugano Convention excluded the jurisdiction of Geneva under Art. 289 DEBA.Considerations
The Federal Tribunal dismissed X.'s appeal. The Lugano Convention does not apply to the avoidance action after bankruptcy under Swiss law, which is based on the bankruptcy and is closely integrated into the liquidation proceedings. According to case law, the avoidance action is by nature an enforcement law action with a reflexive effect on substantive law, and it could not be brought without the bankruptcy. Therefore, it is part of the bankruptcy-like proceedings excluded from the scope of the Lugano Convention under Art. 1(2)(2) LC.
The Federal Tribunal rejected the defendant's arguments that the interpretation given to Art. 1(2)(2) LC was not compatible with the case law of the Court of Justice of the European Union on the Pauliana…