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How can a foreign judgment be enforced in Switzerland?

In short

The judgment must first be recognised and declared enforceable in Switzerland. For a decision rendered in a State bound by the Lugano Convention, review is limited and the procedure swift; for other States, the Swiss Private International Law Act applies and its requirements are stricter.

Two regimes

Decisions rendered in the European Union, Norway or Iceland fall under the Lugano Convention. The Swiss court does not review the merits; it merely verifies the absence of exhaustively listed grounds for refusal, such as a breach of public policy or of the rights of the defence.

Decisions rendered elsewhere, notably in the United Kingdom, the United States or Latin America, are governed by Articles 25 et seq. of the Private International Law Act. The indirect jurisdiction of the foreign court, the final nature of the decision and the absence of any ground for refusal must be established.

Which route

For a money judgment, recognition may be examined incidentally in the proceedings to set aside the debtor’s objection, which allows enforcement to follow directly. It may also be sought separately, before enforcement begins.

An enforceable foreign judgment constitutes a definitive enforcement title. On its own, it therefore opens the way to attaching the debtor’s assets in Switzerland.

This note is for general information only. It does not constitute legal advice and is no substitute for the review of a specific situation.

Legal questions

  1. Asset Recovery and EnforcementCan assets in Switzerland be frozen before a judgment has been obtained?Yes. The attachment provided for by the Debt Enforcement Act allows a creditor to have assets located in Switzerland frozen without prior notice to the debtor. The creditor need only show, on a prima facie basis, the claim, a statutory ground for attachment and the existence of the assets concerned.
  2. General and White-Collar Criminal LawCan a company be criminally convicted in Switzerland?Yes. Article 102 of the Swiss Criminal Code allows the company itself to be fined up to five million francs. For bribery, money laundering and terrorist financing, it is liable independently of any individual if its organisation failed to prevent the offence.
  3. General and White-Collar Criminal LawMutual legal assistance: what can an account holder do when bank records are about to be sent abroad?The account holder may take part in the proceedings, inspect the file and appeal against the closing decision to the Federal Criminal Court within thirty days. Alternatively, the holder may consent to simplified execution, which ends the proceedings.
All questions