Facts
[A. AG] (the Appellant) had concluded a lease contract for retail space in a department store with [B. AG] (the Respondent). Pursuant to an addendum to the contract from 2001, [B. AG] was obliged to submit an offer to [A. AG] for the extension of the lease contract from 1 February 2014 by 31 January 2011. As this did not occur, [A. AG] filed a lawsuit. The Rental Court of the District of Zurich had upheld the claim of [A. AG] in the first instance and obliged [B. AG] to submit an extension offer. However, the Higher Court of the Canton of Zurich did not enter into the claim, as it considered the Rental Court not to have jurisdiction. Thereupon, [A. AG] filed a claim with the Commercial Court of the Canton of Zurich with the same request. The Commercial Court dismissed the claim, as it considered the claim of [A. AG] for the submission of an extension offer to be forfeited.Considerations
The Federal Supreme Court sets aside the decision of the Commercial Court and refers the proceedings for further consideration to the Higher Court of the Canton of Zurich. It justifies this as follows: The Commercial Court did not have jurisdiction for the present claim, as it is a dispute in the area of protection against termination under Art. 243 para. 2 lit. c CPC. Accordingly, the Rental Court of the District of Zurich has jurisdiction in…