Validity of the assignment of a claim by Novag AG to Intor-Handels AG

Facts

Novag AG repeatedly sold men's body care products to company A. Müller, Medra Produkte AG. In 2017, Novag AG declared that it had assigned the corresponding claims to Intor-Handels AG. After the opening of Novag AG's bankruptcy, Intor-Handels AG claimed payment of the amount owed to A. Müller, Medra Produkte AG. The Commercial Court of the Canton of Zurich dismissed the claim, considering that Intor-Handels AG was not legitimized to act, due to the lack of a valid assignment. Intor-Handels AG appealed against this judgment.

Considerations

The Federal Court dismissed the appeal. According to case law, the assignment of a claim must comply with the written form required by Art. 165 para. 1 CO. The declaration of assignment must cover the essential content, in particular sufficiently designate the assigned claim. The assignor's intention to transfer the claim to the assignee must also be clearly evident.

In the present case, the Court considered that the references to the assignment on the invoices did not constitute valid declarations of assignment. They were simply…