Recognition in Switzerland of a Foreign Bankruptcy Judgment

Facts

The Federal Tribunal was seized with a public law appeal against a decision of the Cantonal Court that had partially refused the recognition in Switzerland of two bankruptcy judgments rendered by the Tribunal of Naples (Italy) on 15 May 1996 and 10 July 1996. The Federal Tribunal upheld the appeal and annulled the challenged decision, subject to the recognition of the bankruptcy judgment of 15 May 1996 with respect to F. and G. and the liquidation of the bankrupt's assets located in Switzerland.

Considerations

According to Art. 166(1)(a) PILA, the foreign bankruptcy judgment pronounced in the state of the debtor's domicile is recognized in Switzerland upon request of the foreign bankruptcy administration or a creditor, if it is enforceable in the state where it was pronounced. The prevailing doctrine considers that this provision only requires the enforceability of the decision, to the exclusion of res judicata. The Cantonal Court therefore acted arbitrarily in refusing to recognize the Italian bankruptcy judgment of 10 July 1996 solely on the ground that it was not yet final.

Furthermore, the condition of reciprocity set forth in Art. 166(1)(c) PILA is fulfilled for Italy, according to the doctrine. The cantonal judges could therefore have recognized the…