Question juridique clé
Whether Swiss courts had jurisdiction under Art. 5 No. 3 Lugano Convention for a divorce-modification action framed as tortious fraud in the earlier divorce proceedings.
Solution extraite
The alleged concealment of adultery could not found tort or quasi-tort jurisdiction under Art. 5 No. 3 CLug.
Motifs extraits
There is no general duty for a spouse to confess every marital infidelity in divorce proceedings; silence alone does not create a duty to speak or a position of guarantor. The claim therefore lacked an immediately plausible wrongful-act basis necessary for special jurisdiction.