Facts
The present case concerns a dispute between company X. AG and company Y. AG in liquidation. Company X. AG filed a request for summary legal protection under Art. 257 CPC, on the grounds that the facts were undisputed or immediately provable and the law was clear. However, company Y. AG in liquidation raised exceptions and objections that the cantonal court found to be not without merit. The Federal Tribunal had to rule on the conditions for the application of the summary procedure provided for in Art. 257 CPC.Considerations
The Federal Tribunal considered that for the application of Art. 257 para. 1 let. a CPC, it is sufficient that the defendant raises substantiated and coherent exceptions or objections which, if well-founded, would be likely to shake the judge's already formed conviction. It is not necessary for the defendant to make these exceptions or objections plausible, as required by the provisional release procedure under Art. 82 para. 2 DEBA. Indeed, within the framework of the summary procedure of Art. 257 CPC, the claimant must provide complete proof of the facts underlying his claim, without benefiting from a reduction in the burden of proof. If the defendant raises exceptions or objections that cannot be immediately refuted, the condition of the…