Facts
The respondent [A.] concluded so-called "agency contracts" with the appellant [X. AG] on 8 July 2002 and 9 March 2005. After several years, a dispute arose between the parties. On 16 September 2008, the respondent filed a claim against the appellant with the President of the Court of District IX Schwarzenburg-Seftigen. The President of the Court declared itself territorially incompetent, as the claims were based on an agency contract and not on an employment or commercial traveller contract. Thereupon, the respondent filed an appeal with the High Court of the Canton of Bern. The High Court, after thorough examination, concluded that the claims were based on a commercial traveller contract and declared the District IX Schwarzenburg-Seftigen territorially competent. Against this judgment of the High Court, the appellant filed a civil law appeal with the Federal Supreme Court.Considerations
The Federal Supreme Court dismisses the appeal. It states that for the assessment of territorial jurisdiction pursuant to Art. 24 para. 1 of the Jurisdiction Act (GestG), the claims asserted by the plaintiff and their justification are primarily decisive. It must be examined whether the plaintiff's submissions plausibly allow the conclusion that a commercial traveller contract exists. This is the case here, as the respondent claims that he was dependent on instructions and had to report regularly, had to attend…