Question juridique clé
Whether the lease dispute was first submitted to conciliation against the correct defendant for purposes of Art. 274a CO
Solution extraite
Yes. The conciliation hearing could validly be treated as having taken place between the tenant and the new owner-landlord, so the Tribunal des baux had to hear the claims.
Motifs extraits
At the conciliation hearing, the tenant amended the request after learning from the property manager that X. was the landlord. The manager appeared as X.'s mandatary for the building, and X. did not show that a different representative would have acted or that he had opposed an amicable settlement.