Question juridique clé
Whether Geneva courts had territorial jurisdiction over the debt-release action under the Lugano Convention.
Solution extraite
Yes. Because the debtor was domiciled in Geneva and the creditor had chosen Swiss enforcement proceedings at that place, the debt-release action could be brought there despite the formal role reversal.
Motifs extraits
Article 2(1) CL protects the forum of the person materially called to defend. The debt-release action is a substantive action linked to the prior enforcement and to the provisional lifting proceedings; in this specific setting, the defendant's domicile remains the proper forum even though the debtor is formally the plaintiff.