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The possibility of appeals serves to ensure the procurement of a fair judgment. Judicial verdicts are challenged by interested parties taking legal actions and a review of the respective verdict is sought, in most cases by a higher instance. Appeals can be divided into those at the federal level and those at the cantonal level. Cantonal appeals are governed by the Swiss Code of Civil Procedure (CPC), while federal appeals are governed by the Federal Supreme Court Act. Ordinary legal remedies generally have a suspensive effect on legal proceedings. Accordingly, the judgment does not become final until legal recourse has been exhausted. Until then, the legal force is postponed. Extraordinary appeals, on the other hand, do not have a suspensive effect. Perfect appeals may be used to challenge violations of law as well as incorrect findings of fact and inadequacy. In the case of imperfect appeals, it is not possible to conduct as comprehensive examination as possible.
The first remedy in the Code of Civil Procedure is the appeal, governed by Art. 308 ff. of the Code of Civil Procedure. An appeal is possible against final and interim decisions as well as against precautionary measures. If it is a matter of property law, the appeal is only admissible if the amount in dispute is at least CHF 10,000. It is an ordinary and perfect legal remedy. Accordingly, by means of an appeal, both an incorrect application of the law and an incorrect determination of the facts can be disputed, according to which the power of review is particularly extensive. Another special feature of the appeal is that it has a suspensive effect as a matter of principle. An attorney for litigation in Switzerland can provide you with further information on the admissibility and characteristics of the appeal.
A further legal remedy at the cantonal level is the appeal pursuant to Art. 319 et seq. CPC. The appeal is possible in the case of final and interim decisions as well as precautionary measures, provided they are not subject to appeal. In addition, an appeal may be lodged in cases of legal delay or denial of justice, in cases in which there is a threat of a disadvantage that cannot be easily remedied, as well as in other cases specifically provided for. The attorneys at law for litigation in St. Gallen will be happy to provide you with further information as to whether an appeal or a complaint is appropriate in the individual case. Within the framework of an appeal at the cantonal level, an incorrect application of the law and an obviously incorrect determination of the facts can be complained about. The difference to an appeal is that the determination of the facts can only be examined if it is obviously incorrect.
Finally, there is the possibility of an appeal pursuant to Art. 328 et seq. CPC, which is directed against final decisions. Reasons that make an appeal admissible are the subsequent discovery of significant facts or evidence, the influencing of the decision by criminal acts as well as violations of the ECHR. A special feature of the appeal is that the same court whose decision is being challenged has jurisdiction and not a higher court, as is the case with the other appeals. The appeal and also the revision are, in contrast to the appeal, extraordinary and imperfect legal remedies.
The appeal in civil matters is governed by Art. 72 et seq. Federal Supreme Court Act . In principle, no further review of the findings of facts is possible, unless they are evidently incorrect. The focus is on the examination of violations of federal law, international law, cantonal constitutional law and intercantonal law. In property disputes, the limit on the amount in dispute that allows an appeal in civil matters is CHF 30,000, or CHF 15,000 for employment and tenancy disputes. The Federal Supreme Court Act mentions as a further remedy the subsidiary constitutional complaint (pursuant to Art. 113 et seq.). This is applicable if there is a violation of constitutional rights, regardless of the amount in dispute. It is subsidiary to the appeal in civil matters and is possible if the appeal is not admissible due to the amount in dispute. A lawyer in Zurich, Frauenfeld or St. Gallen will be happy to assist you in calculating the specific amount in dispute. In addition, as at the cantonal level, an appeal is possible pursuant to Art. 121 et seq. against final decisions is possible. The prerequisite for this is the discovery of new facts or evidence that could not be presented earlier or an impact on the decision due to a felony or misdemeanor. Furthermore, the violation of procedural rules, such as the recusal or the violation of the disposition maxim, can be challenged by an appeal before the Federal Supreme Court. Finally, an appeal is open if a judgment of the ECtHR (European Court of Human Rights) has already been handed down.
Furthermore, there are two forms of legal assistance in addition to appeals. The remedies are explanation and rectification (under Art. 334 CCP and Art. 129 FSCA, respectively) and restitution of a time limit (under Art. 148 CCP). Explanation and rectification do not involve the amendment of an existing judgment, but rather its clarification. Accordingly, there must be an unclear, contradictory or incomplete dispositive present or the dispositive must contradict the reasoning. Under the second remedy, the court may, upon request, grant a defaulting party an extension of time or summon him or her to appear again at a hearing if they can show that they were not at fault or only slightly at fault. Contact our attorneys in Frauenfeld, Zurich or St. Gallen if you have any questions about the legal remedies.