Facts
The dispute opposes the apparent owner of a drawing by Fernand Léger, Renée Ziegler, and the publisher Louis Grosclaude who claims to be the owner by virtue of a contract concluded with the artist. Grosclaude obtained from the Cantonal Court of Bern an order to sequester the drawing pending the judgment on the merits. Ziegler appealed against this decision, which was confirmed by the Court of Appeal of the Canton of Bern. Ziegler then filed a nullity appeal, which was rejected by the Federal Tribunal.Considerations
The Federal Tribunal considers that in the context of interim measures, it is not necessary for the parties to benefit from all the guarantees of ordinary procedure. It is sufficient for the applicant to make his right plausible, without the judge having to be convinced of the truthfulness of the factual allegations. The allocation of the burden of proof is a matter of cantonal procedural law.
However, the Federal Tribunal finds that the cantonal courts have committed a…