Questione giuridica chiave
Whether the Zurich courts had jurisdiction to hear a separate claim for matrimonial property division under the IPRG
Decisione estratta
The separate claim was inadmissible because the property division was already included as a necessary ancillary consequence of the pending Swiss divorce action.
Motivazione estratta
Under Art. 51 lit. b IPRG, the court competent for the divorce is also competent for the matrimonial property division. A later separate claim cannot circumvent the prior divorce proceedings, even if those proceedings are suspended and may later become an ancillary-completion request.