Facts

Parties involved:

  • Yoko Ono Lennon (respondent), widow of John Lennon, of Japanese nationality and domiciled in New York (USA).
  • A. (appellant), watch collector, of Italian nationality and domiciled in Hong Kong.
  • [D.], former private driver of Yoko Ono Lennon, of Turkish nationality.
  • [E.], of Turkish nationality, who received the watch from D.
  • [G. AG], auction house in Berlin (Germany).

Main facts:

  • Yoko Ono Lennon acquired a Patek Philippe watch in 1980 and gave it to John Lennon.
  • John Lennon was assassinated in 1980, and the watch became the property of Yoko Ono Lennon after the liquidation of the estate.
  • [D.] stole the watch and handed it over to [E.], who attempted to sell it via G. AG.
  • [A.] acquired the watch from [G. AG] in 2014.
  • Yoko Ono Lennon discovered the theft and claimed ownership of the watch.
  • A dispute was initiated before the Swiss courts to determine the ownership of the watch.

Procedure:

  • The District Court of the canton of Geneva dismissed A.'s claims and found that Yoko Ono Lennon was the sole owner of the watch.
  • [A.] appealed to the Court of Justice of the canton of Geneva, which confirmed the judgment of the district court.
  • The Federal Supreme Court dismissed the civil appeal filed by [A.] against the decision of the court of justice.

Considerations

The Federal Supreme Court examined the competence of the Swiss courts and the applicable law regarding the acquisition and loss of rights in movable property. It determined that the competence of the Swiss courts was not challenged by the parties and that Swiss law applied to the action for recognition of ownership of the watch.

The Federal Supreme Court then analyzed the principles of acquisition and loss of rights in movable…