JURE summary

Federal Tribunal, 4A_122 2011, 138 III 174, 30 January 2012 Official summary of the Federal Supreme Court Articles 21 and 26 of the previous Lugano Convention; Articles 27 and 33 of the Lugano Convention; negative declaratory action; effects of the judgment denying recognition of a foreign judgment; plea of lis pendens and of the matter adjudged (res judicata). The rules regarding the plea of lis pendens within the meaning of Article 21 of the previous Lugano Convention or Article 27 of the Lugano Convention shall only apply if both cases are still pending in court. If initial proceedings have been concluded, any conflicts of contradictory judgments shall be resolved using the institution of recognition (E. 5). If the question whether a judgment shall be recognised is the subject matter of a dispute in itself, the judgment denying the recognition of a foreign judgment in Switzerland shall have a substantive res judicata effect in principle. The foreign judgment that has not been recognised does not result in having the effect of a matter adjudged (res judicata) and does not therefore prevent the initiation of a negative declaratory action in this State between the same parties regarding the same matter in dispute (E. 6).