Questão jurídica principal
Whether the Swiss enforcement proceedings had to be stayed because the German enforcement opposition action was filed first.
Decisão extraída
No stay was required because the Swiss debt-enforcement steps had already made the matter pending in Switzerland before the German action was filed.
Fundamentação extraída
For purposes of Art. 9 IPRG, pendency in Switzerland dates back to the first necessary enforcement step; here the debt-collection request and service of the payment order preceded the German action. Moreover, the German action concerned a different object from the Swiss enforcement request.