Question juridique clé
Whether Art. 23(1) GestG gives local jurisdiction at the place of the leased property for a claim by the landlord against the tenant’s liability insurer based on Art. 60 VVG.
Solution extraite
No. The claim is based on insurance contract law, not on a lease or lease-like legal relationship, so the special place-of-property forum does not apply.
Motifs extraits
Art. 23 GestG covers disputes whose foundation is predominantly rental-law in nature. Here the landlord’s claim against the insurer arises from the insurance contract and only has a causal link to the lease. Insurance disputes fall under Art. 22 GestG, not Art. 23 GestG.