Facts
The Federal Tribunal was seized of a civil appeal against a decision of the Court of Justice of the Canton of Geneva that dismissed a request for an accounting based on Art. 400(1) CO in the context of a provisional measures procedure. The appellant, a compulsory heir of a deceased person, wished to obtain information and documents relating to the assets of the deceased, including those of which he was only the beneficial owner. The Court of Justice considered that the request for an accounting could not be the subject of provisional measures, as such a decision would have a definitive effect on the claim at issue.Considerations
The Federal Tribunal held that the decision of the Court of Justice did not have a definitive effect on the claim at issue, insofar as it left the door open to a procedure allowing a full examination of the case on the merits. Consequently, the grounds for appeal are limited according to Art. 98 FSCA. On the merits, the Federal Tribunal considered that the legal analysis of the Court of Justice was not arbitrary. Indeed, the case law and doctrine accept that the request for an accounting based on Art. 400(1) CO cannot be the…