Facts
Parties: Appellant [A.] against respondent [B.] (association exclusion).
Courts: District Court of March, Cantonal Court of Schwyz (1st Civil Chamber), Federal Supreme Court (IInd Civil Law Division).
Dates: Association exclusion on March 28, 2019, complaint on August 27, 2019, cantonal judgment on September 13, 2022, Federal Supreme Court decision on February 20, 2023.
Main question: Lawfulness of the association exclusion and examination of the economic purpose pursuit of the association.
Background: [A.] has been a member of the association [B.] since 1968 and has held various positions. On March 28, 2019, he was excluded without giving reasons. [A.] applied for the annulment of the exclusion, which was dismissed by both the District Court and the Cantonal Court.
Appeal: [A.] turns to the Federal Supreme Court with the following requests: determination of the economic purpose pursuit of the association, review of the legal form, examination of the violation of the right to personality and annulment of the exclusion decision.
Considerations
The Federal Supreme Court first examines the admissibility of the appeal. It establishes that the appeal in civil matters is open, as it concerns a non-property civil law dispute. New requests and evidence are inadmissible, as they were not raised in the cantonal proceedings. The appellant has not brought sufficient complaints that would justify a review of the facts or the application of law by the Cantonal Court.
With regard to the grounds for exclusion, the Federal Supreme Court refers to Art. 72 CC, which regulates the conditions for the exclusion of association members. It confirms that a challenge to the exclusion is only possible for formal reasons or in case of abuse of law. Case law provides an exception to the principle of material non-appealability for professional or trade associations if they hold a monopoly position and the exclusion affects the member's significant economic…