Facts
The appellant, a Swiss-Hungarian dual national, and the respondent, also a Swiss-Hungarian dual national, have been married since 1995 and have no children. The respondent filed a divorce lawsuit with the Zurich District Court in 2007. The appellant raised an objection to the local jurisdiction and claimed that the property division was the subject of a procedure in Hungary. The High Court of the Canton of Zurich dismissed the objection to jurisdiction, and the Court of Cassation of the Canton of Zurich dismissed the appeal.
The appellant filed an appeal with the Federal Court and requested that the decision of the High Court be set aside and that the property division not be heard due to lack of international jurisdiction. He also requested a stay of the proceedings until the Hungarian court decides on the property division.
Considerations
The Federal Court first established that the appeal in civil matters is admissible to the extent that the appellant alleges a violation of federal civil law. However, it also established that the appeal is not admissible to the extent that the appellant alleges a violation of fundamental rights, as he has not sufficiently substantiated this claim.
The Federal Court further established that the international jurisdiction of the Swiss courts is determined by the Federal Act on Private International Law (PILA). It also established that the question of recognition abroad has no impact on the decision-making jurisdiction under Swiss PILA.
The Federal Court also established that the appellant cannot derive anything from Art. 16 LugC, as this convention is not applicable to marital property. It also established that the Swiss divorce court has comprehensive…