SWITZERLAND Law and Practice Contributed by: Yves Klein, Monfrini Bitton Klein
documentary) on the basis of plausibility of the attach - ment conditions. The attachment is maintained during the appeal proceedings. If the creditor has not already instituted debt enforce - ment proceedings or brought a court action prior to attachment, they must do so within ten days of ser - vice of the attachment deed (Article 279, DEBA). If the debtor objects to the order to pay, the creditor must, within ten days of being served with the objection, file a request to set aside the objection (see “Setting aside of the objection to the order to pay” in this section). If the debtor did not object to the order to pay, or once the objection to the order to pay was set aside, the creditor must, within 20 days, request the continuation of the debt enforcement proceedings (see “Continu - ation of the debt enforcement proceedings” in this section). These periods do not run while objection proceedings are pending. Enforcement of Non-Money Judgments The enforcement of non-money judgments in Switzer - land is governed by Articles 335ff of the CPC. A Swiss non-money judgment may be enforced if it is final and binding, and the court has not suspended its enforcement, or it is not yet final and binding, but its early enforcement has been authorised by the court that issued it (Article 336, CPC). The enforceability of a Swiss judgment is issued by the court that issued it. The applicant seeking the enforcement of a Swiss judgment must file a request for enforcement with the competent Swiss court, which may be (Article 339, CPC): • at the domicile or registered office of the succumb - ing party; • at the place where the measures are to be taken; or • at the place where the decision to be enforced was made. Upon request, the enforcement court may order pro - tective measures, if necessary ex parte (Article 340, CPC). Summary proceedings apply (Article 339, CPC).
If the decision provides for an obligation to act, refrain from acting or tolerate something, the enforcement court may, under Article 343 of the CPC: • issue a threat of criminal penalty under Article 292 of the Swiss Penal Code; • impose a disciplinary fine of up to CHF5,000; • impose a disciplinary fine of up to CHF1,000 for each day of non-compliance; • order a compulsory measure such as taking away a movable item or vacating immovable property; or • order performance by a third party. In the event of non-performance, the prevailing party may demand (Article 345, CPC): • damages if the succumbing party does not follow the orders of the court; or • conversion of the performance due into the pay - ment of money. A judicial review of the performance due is reserved in every case, and the obligee may, at any time, file a claim for a declaratory judgment that the obligation does not or no longer, exists, or that it has been sus - pended (Article 352, CPC). 2.3 Costs and Time Taken to Enforce Domestic Judgments Money Judgments The administrative and court fees involved in the enforcement of domestic judgments are governed by a federal ordinance (the Ordinance on the fees charged in application of the DEBA). In total, the enforcement of a Swiss judgment rarely exceeds CHF2,500 in administrative and court fees in the first instance and CHF3,500 in the second instance. Federal Court fees are typically of up to CHF20,000 but could theoreti - cally go up to 1% of the matter value. In the case of judicial proceedings, adverse party costs are governed by cantonal tariffs (Article 95, CPC), which are proportional to the matter value but vary from one canton to the other. The Federal Court has its own tariff. As proceedings are governed by summary proceedings, adverse party costs rarely exceed CHF2,000 per instance, with the exception
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