Question juridique clé
Whether Y. Spa replaced X. Spa en faillite as party in the Geneva proceedings after the Naples concordat judgment
Solution extraite
No substitution was recognized; the foreign concordat had to be recognized in Switzerland through the special insolvency recognition procedure before producing such procedural effects.
Motifs extraits
A foreign insolvency-related judgment cannot be used incidentally in civil litigation to bypass the Swiss ancillary bankruptcy system; the proper route is principal recognition under Art. 167 ff. LDIP, which preserves the protections of ancillary bankruptcy.