Kernrechtsfrage
Whether the Lugano Convention excludes jurisdiction over claims for information and document production brought by an heir against a bank when the claims are pleaded as contractual rather than hereditary rights.
Extrahierter Entscheid
No. Because the claims were pleaded on a contractual basis, they did not fall within the excluded area of inheritance law under Art. 1(2)(1) LugÜ.
Extrahierte Begründung
The court held that for jurisdiction, the claimant's pleaded basis and legal characterization control. Even if hereditary questions arise as preliminary issues, claims against a bank that are already part of the deceased's patrimony remain contractual in nature if their existence depends on the banking relationship.