Question juridique clé
Whether the French judgment could be refused recognition/exequatur under the Lugano Convention because it allegedly violated Swiss public policy by ruling ultra petita.
Solution extraite
No. The alleged ultra petita character concerned only provisional enforceability, not the merits, and did not amount to a grave breach of the right to be heard or Swiss public policy.
Motifs extraits
Public policy under Art. 27 CL is construed restrictively. Recognition may be refused for procedural defects only in case of a serious violation of fundamental procedural guarantees. Here, the parties were heard on all substantive claims, and provisional execution does not create a definitive legal situation.