Global menu

Our global pages


Legal Compass: Case-law on partial actions and counterclaims for a negative declaratory judgment

  • Switzerland


    The Swiss Civil Procedure Code (CPC), in force since 1 January 2011, excludes a counterclaim if it is subject to another type of court procedure than the main action (Article 224 para. 1 CPC).

    For partial claims with a value in dispute not exceeding CHF 30’000 this legal provision led to unsatisfactory situations since simplified court proceedings generally prevented the defendant from filing a counterclaim for a negative declaratory judgment in order to have the non-existence of the remaining claim determined.

    The Federal Tribunal has thus granted counterclaims for a negative declaratory judgment a special treatment and ruled in favour of their admissibility even if the applicable type of procedure is different.

    Read more here.

    This information is for guidance purposes only and should not be regarded as a substitute for taking legal advice. Please refer to the full terms and conditions on our website.

    < Go back