Facts
The appellant filed an application for interpretation on June 14, 2012, against a judgment rendered on September 28, 2010, by the Court of Appeal of the labor court jurisdiction of the canton of GE. The Court of Appeal had corrected a calculation error in the judgment on January 18, 2011, but this correction did not change the date of the judgment, which remains September 28, 2010.
The appellant invoked Article 334 of the Code of Civil Procedure (CPC) to request the interpretation of the judgment. However, the question arises as to whether the application for interpretation is subject to the general rule of transitional law applicable to appeals, anchored in Article 405 para. 1 CPC.
Considerations
Article 334 CPC does not provide a time limit within which an application for interpretation must be filed. However, the former GE law prescribed a time limit of 30 days from the notification of the judgment to appeal for interpretation.
The question of transitional law must be resolved to determine the applicable law to the application for interpretation filed after January 1, 2011, against a judicial decision rendered before that date. The transitional provisions of the CPC are found in its final provisions, in Title 3 (Articles 404 to 407 CPC).
Article 405 para. 1 CPC provides that appeals are governed by the law in force at the time of communication of the decision to the parties. The German and Italian versions of para. 1 of the aforementioned norm speak respectively of « Rechtsmittel » and « impugnazioni », which refer to the appeals of Title 9…