Facts
The claimants, owners of building no. 1001 (parcels 36 and 36a of the Spitalgasse), brought an action against the company Devo Bern "A" Immobilien AG, holder of a right of superficies on building no. 996 (Neuengasse 43), requesting that it be ordered to erect a separation along the Von Werdt-Passage, with an access door no wider than 1 meter, and to configure its building in such a way that it can only be accessed from the Von Werdt-Passage through this single door. The Appellate Court of the Canton of Bern granted the request. However, the Federal Tribunal upheld the appeals of the defendant and the intervening party, and rejected the claim.Considerations
The Federal Tribunal considers that the mere presence of a building or its configuration does not in itself constitute illegal interference within the meaning of Art. 684 CC. The claimants cannot rely on Art. 679 CC, as the persons using the Von Werdt-Passage from the Inter-Passage do not exercise any control over the defendant's property. As for Art. 641(2) CC, it does not allow for the removal of a factual situation, but only an action for the cessation of disturbances. However, in the present case, there is no permanent…