Commentaries: Art. 149

Foreign decisions relating to a claim under the law of obligations are recognised in Switzerland:
1. if they were rendered in the state of the defendant’s domicile; or
2. if they were rendered in the state of the defendant’s habitual residence, insofar as the claims relate to an activity carried out in such state.
They are also recognised:
1. ¹ if the decision relates to a contractual obligation, was rendered in the state of performance of the characteristic obligation, and the defendant was not domiciled in Switzerland;
2. if the decision relates to a claim under a contract concluded with a consumer, was rendered at the consumer’s domicile or habitual residence, and the requirements provided in Article 120 paragraph 1 are met;
3. if the decision relates to a claim under an employment contract, was rendered either at the place of the establishment or at the place of work, and the employee was not domiciled in Switzerland;
4. if the decision relates to a claim arising out of the operation of an establishment and was rendered at the location of that establishment;
5. if the decision relates to unjust enrichment, was rendered at the place where the act or result occurred, and the defendant was not domiciled in Switzerland; or
6. ² if the decision relates to an obligation in tort, was rendered at the place where the act or the result occurred or, in the case of nuclear incidents, at the place where the nuclear installation of the operator liable is located, and the defendant was not domiciled in Switzerland.

Amended by Art. 3 No 3 of the FD of 11 Dec. 2009 (Approval and Implementation of the Lugano Convention), in force since 1 Jan. 2011 (AS 2010 5601;BBl 2009 1777). ↩
Amended by Annex No II 3 of the Nuclear Energy Liability Act of 13 June 2008, in force since 1 Jan. 2022, published 27 Jan. 2022 (AS 2022 43;BBl 2007 5397). ↩

Art. 149

Footnotes

N1.Folgen unterlassener Rüge der Forumsklausel