Facts
The appellant [A.] had a claim against the respondent [X. AG] for a success fee from a contract between [Y. AG] and [X. AG] . [Y. AG] had undertaken to analyze and optimize the financial and economic data of [X. AG] . In return, [Y. AG] was to receive 50% of the savings achieved over one year. After disagreements over the amount of the success fee, [Y. AG] assigned the claim to the appellant [A.] . He then sued the Zurich Commercial Court for payment of the success fee. The Commercial Court initially dismissed the claim, as [Y. AG] had not sufficiently presented the target values for calculating the success fee. After a remand by the Zurich Cassation Court, the Commercial Court dismissed the claim again.Considerations
The Federal Court concluded that the contract between [Y. AG] and [X. AG] was to be qualified as a contract for work and services. Accordingly, [Y. AG] had to submit suitable proposals to [X. AG] for the optimization of the economic information, which could be implemented by [X. AG] . Whether these requirements were met could be reviewed by [X. AG] through examination and objection to…