Withdrawal of the Appeal and Settlement of Costs

Facts

The dispute opposes the plaintiff, who brought an action for moral damages and damages, and the defendant, who was convicted of insult. The Bern cantonal court of appeal partially admitted the plaintiff's claim, but rejected the other claims. The defendant appealed to the Federal Court, requesting the annulment of the judgment. The plaintiff then withdrew their action, considering that their claims were prescribed under Article 60 paragraph 1 of the Code of Obligations (CO). The defendant requested that the Federal Court establish that the plaintiff had withdrawn their action and that the judgment of the court of appeal be annulled.

The facts of the case are as follows: the plaintiff brought an action for moral damages and damages against the defendant, who had published a circular containing insulting expressions towards them. The Bern cantonal court of appeal partially admitted the plaintiff's claim, but rejected the other claims. The defendant appealed to the Federal Court, requesting the annulment of the judgment. The plaintiff then withdrew their action, considering that their claims were prescribed under Article 60 paragraph 1 of the Code of Obligations (CO).

Considerations

The Federal Court considered that the plaintiff's withdrawal of the action put an end to the dispute and that the judgment of the court of appeal had to be annulled. The Federal Court also considered that the costs of the procedure had to be borne by the plaintiff, as they had withdrawn their action and thus recognized the unfounded nature of their claims.

The Federal Court also examined the question of the prescription of the plaintiff's claims and…