Determination of the Domicile of a Party in the Context of Enforcement under the Lugano Convention

Facts

Y. GmbH obtained a declaration of enforceability of a partial judgment of the Regional Court of Hamburg against X. from the President of the District Court III of Lucerne-Land. The appellant X. filed an "objection" against this with the High Court of the Canton of Lucerne, which was however dismissed as late. The Federal Court quashes the judgment of the High Court, as it should have applied the concept of domicile under Art. 20 PILA instead of the concept of domicile under Art. 24 CC.

Considerations

The Federal Court states that in the context of enforcement under the Lugano Convention, international relations are involved. Therefore, for the determination of the domicile under Art. 52 new LugC, the concept of domicile under the PILA, and not the concept of domicile under the CC, is decisive. According to Art. 20 para. 1 lit. a PILA, a natural person has their domicile in the state in which they reside with the intention of permanent stay. The High Court should therefore have made findings as to where the appellant's actual center of life was at the relevant time in order to determine which time limit for legal remedies under Art. 36 new LugC is applicable.

If it turns out that the appellant's actual center of life is no longer in Switzerland but in another Contracting State of the…