Facts
In this case, the issue was whether a legal entity can be represented in civil proceedings by internal employees who are not registered in the commercial register as authorized signatories. The insurance company [X. AG] (the appellant) filed a complaint against the decision of the Cantonal Court of Bern, which had not entered into the matter, as the complaint was signed by two lawyers who were not registered in the commercial register as authorized signatories.
The Federal Court overturned the decision of the Cantonal Court and remanded the case to the Cantonal Court to set a deadline for the submission of a power of attorney and to make a new decision thereafter. The Federal Court stated that under Art. 462 para. 2 CO, authorized representatives who are not registered in the commercial register can also be empowered to conduct legal proceedings, without falling under the attorney's monopoly pursuant to Art. 68 CPC. The Cantonal Court had therefore wrongly excluded the authority to represent of the lawyers employed by the appellant on the basis of their lack of registration in the commercial register, without examining whether an authorization to conduct legal proceedings pursuant to Art. 462 para. 2 CO was present.
Considerations
The Federal Court concluded that the Cantonal Court had violated the principle of good faith by not setting the appellant a deadline to submit a power of attorney pursuant to Art. 132 para. 1 CPC.…