Facts
Company Y. AG, domiciled in Switzerland, filed a claim against company X. SA, domiciled in France, before the Commercial Court of St. Gallen, seeking payment of an amount of 37'563.44 euros plus interest. The court served the claim on the defendant X. SA by simple delivery, in accordance with the Hague Convention on the Service Abroad of Judicial and Extrajudicial Documents in Civil or Commercial Matters. As the defendant did not file a response within the prescribed time limit, the court rendered a default judgment.Considerations
The Federal Tribunal first examines whether the grounds raised by the defendant in the appeal for review are admissible. It considers that the alleged violation of the provisions of the Hague Convention on service can be invoked in the context of the appeal for review, insofar as the dispute as such can be the subject of such an appeal.
On the merits, the Federal Tribunal considers that the fact that the service request was formally…