Facts
[X. AG] (the Appellant) and [Y.] Immobilien AG (the Respondent) concluded a "Cooperation Agreement" on 16 July 2002 regarding the management of the Respondent's properties by the Appellant. The Respondent terminated the contract on 27 July 2004, effective 30 September 2004. Subsequently, the Appellant made various transfers from the Respondent's operating account to compensate itself for the early termination of the contract. The Respondent sued the Appellant for reimbursement of these transfers. The Commercial Court of Zurich ordered the Appellant to pay the Respondent a total of CHF 297,137.15 plus interest. The Appellant appealed this judgment in civil matters.Considerations
The Federal Court essentially confirmed the decision of the lower instance. It qualified the contract between the parties as a mandate relationship with subordinate elements of tenancy law, to the termination of which the provisions of the law of mandate apply. The termination by the Respondent was therefore generally permissible. The Appellant could not assert any claims for damages due to early termination of the contract, as it had not sufficiently substantiated these. The transfers it had made on its own authority for compensation/contractual penalty, sublease rent and migration costs were therefore in breach of contract. These reimbursement claims of the Respondent are of a contractual nature and not time-barred. However, the Federal Court considered the Respondent's…