Facts
The company Naafexco AG filed an appeal with the Federal Tribunal against a judgment of the Cantonal Tribunal of Nidwald that had rejected its claim against the insurance company HELVETIA-Unfall. The appeal was signed by Dr. Albert Heider, who is not a lawyer. Although in the canton of Nidwald, representation in court proceedings is reserved for lawyers only for the professional conduct of trials, the Federal Tribunal considered that Mr. Heider could not represent the company Naafexco AG, as he did not meet the requirements of Art. 29(2) FJA to act as a non-lawyer representative before the Federal Tribunal.Considerations
According to the Federal Tribunal, a legal entity such as the company Naafexco AG can only act through its authorized representative bodies (Art. 54/55 CC). These bodies must either appear in person on behalf of the company or be represented by a lawyer. Before the Federal Tribunal, only licensed lawyers or professors of law from a Swiss university are recognized as valid representatives, unless in the canton of origin of the dispute, the legal profession is free (Art. 29(2) FJA).
In the present case, Mr. Heider does not claim to hold a position as an organ within the company Naafexco AG. Furthermore, it is not…