Recognition of a sufficient connection with Switzerland to order a new attachment

Facts

X. Corporation obtained a first attachment against C. from the Geneva courts in 1994, based on Art. 271 para. 1 no. 4 DEBA. The validation proceedings for this attachment are still pending. In 1997, X. Corporation requested a new attachment on the same claim, which was revoked by the Geneva court. X. Corporation appealed this decision to the Federal Tribunal.

Considerations

The Federal Tribunal upheld the appeal. It considered that the existence of a "sufficient connection with Switzerland" to order a new attachment was established in this case. Although the initial jurisdiction of the Swiss courts was based solely on Art. 4 PILA, the fact that the action for recognition of the debt validating the first attachment is pending before the Geneva courts creates a sufficient connection. The Federal Tribunal held that the cases of attachment provided for by law must be realized not only when the measure is required without prior enforcement or legal action, but also when the action is pending.

According to the Federal Tribunal, the existence of a sufficient connection with Switzerland must be recognized when the Swiss courts, whether by virtue of the jurisdiction rules of the…