Dismissal of the Appeal against the Creditor's Right of Inspection

Facts

[X. AG] (the Appellant) and [Y. GmbH] (the Respondent) concluded a framework agreement in 2008 with a minimum purchase obligation for the Appellant. Disagreements arose, and the Respondent asserted a claim of over 1.5 million Swiss francs against the Appellant. The Cantonal Court of Zug granted the Respondent provisional debt enforcement for 1.268 million Swiss francs. The Appellant subsequently filed a declaratory action. The Respondent applied to the Cantonal Court of Zug to compel the Appellant to grant access to the 2009 annual financial statements and the 2009 audit report. The Cantonal Court ordered the Appellant to do so. The Appellant then appealed to the Cantonal High Court, which dismissed the appeal. The Appellant now files a civil law appeal against this decision with the Federal Supreme Court.

Considerations

The Federal Supreme Court dismisses the appeal. It holds that the lower court correctly affirmed the Respondent's legitimate interest in the right of inspection. Given the…