Facts
On November 8, 1978, the [S.] spouses went to eat at the restaurant of the Perle du Lac in Geneva, belonging to the city of Geneva. After depositing their coats in the cloakroom, Mrs. S.'s mink coat was taken by an unknown person. The [S.] spouses then brought an action for damages against the city of Geneva and the manager of the restaurant.
The Court of Justice of Geneva ordered the city of Geneva to pay 4,000 francs to the plaintiffs, considering that the defendant's liability was engaged on the basis of a deposit contract. The city of Geneva appealed against this decision to the Federal Tribunal.
Considerations
The Federal Tribunal allowed the appeal and annulled the contested judgment. It considered that Art. 487 CO, relating to the liability of hoteliers and innkeepers, does not apply to the restaurateur who does not offer lodging to his clients.
The Federal Tribunal further ruled that the restaurateur is only liable for the restitution of the client's effects if he has undertaken this by an express or implied deposit contract. However, in the present case, the findings of the contested judgment do not allow the conclusion that the restaurateur had offered by implied acts to take the garments into his immediate possession and, above all, to return…