Facts
In the composition proceedings of company B. AG, in Zug, the parent company C. AG, in Rotterdam, announced a claim of 1,355,147,427 Swiss francs. According to the administrators' report, the claim was provisionally recognized in the amount of 1,167,392,680 francs and contested in the amount of 187,754,747 francs. By judgment of August 6, 2012, the District Court of Rotterdam opened insolvency proceedings on C. AG and appointed A. as the administrator. A. requested the recognition of this decision by the Cantonal Court of Zug in order to be able to contest the decision to reject the claim of C. AG in the context of the distribution plan. The Cantonal Court rejected this request, as did the Higher Court of the Canton of Zug. A. then filed a civil law appeal with the Federal Supreme Court.Considerations
According to Art. 166 para. 1 let. c PILA, a foreign bankruptcy decision rendered at the domicile or registered office of the debtor is recognized in Switzerland upon request of the foreign bankruptcy administration, if the state in which the decision was rendered grants reciprocity.
The case law of the Federal Supreme Court interprets this norm in a broad sense, considering that reciprocity is given when the law of the state concerned recognizes the effects of a foreign bankruptcy in a similar manner, without strict identity being necessary. It is sufficient that the foreign state provides for a judicial assistance procedure which, although formally different, materially corresponds to the procedure provided for in Art. 166 et seq. PILA.
In the present…