Annulment of an enforcement proceeding for lack of a Swiss domicile for payment

Facts

In the enforcement proceeding no. 595 650 initiated by Alberto Stucchi in Chiasso against Fausto Crespi, the Swiss Federal Tribunal has annulled the enforcement proceeding conducted by the Debt Collection Office of Geneva. Crespi, domiciled in Milan, had filed a complaint for violation of Art. 46 DEBA governing the jurisdiction of the enforcement proceeding, as the address indicated on the promissory note (34 Avenue Weber, Geneva) did not constitute an election of a Swiss domicile for payment within the meaning of Art. 50 para. 2 DEBA.

Considerations

According to the established case law of the Swiss Federal Tribunal, the mere stipulation of a place of payment in Switzerland is not sufficient to justify the application of Art. 50 para. 2 DEBA. This stipulation cannot be interpreted as an election of domicile within the meaning of this legal provision, in the absence of other factual circumstances clearly manifesting the intention of the debtor domiciled abroad.

However, in the field of negotiable instruments and bearer securities, the stipulation of a place of payment entails an election of domicile conferring jurisdiction. But this is not the case here, where the mention "34 Avenue Weber, Geneva" is simply indicated as the address of the appellant, without any additional details clearly establishing an election of a domicile for payment.

Consequently, in…