{"id":141946,"date":"2026-06-10T09:48:25","date_gmt":"2026-06-10T09:48:25","guid":{"rendered":"https:\/\/my.legal500.com\/guides\/?post_type=comparative_guide&#038;p=141946"},"modified":"2026-06-10T11:30:21","modified_gmt":"2026-06-10T11:30:21","slug":"switzerland-class-actions","status":"publish","type":"comparative_guide","link":"https:\/\/my.legal500.com\/guides\/chapter\/switzerland-class-actions\/","title":{"rendered":"Switzerland: Class Actions"},"content":{"rendered":"","protected":false},"template":"","class_list":["post-141946","comparative_guide","type-comparative_guide","status-publish","hentry","guides-class-actions","jurisdictions-switzerland"],"acf":[],"appp":{"post_list":{"below_title":"<div class=\"guide-author-details\"><span class=\"guide-author\">Staiger Attorneys at Law<\/span><span class=\"guide-author-logo\"><img src=\"https:\/\/my.legal500.com\/guides\/wp-content\/uploads\/sites\/1\/2026\/05\/Firm-Logo-4.jpg\"\/><\/span><\/div>"},"post_detail":{"above_title":"<div class=\"guide-author-details\"><span class=\"guide-author\">Staiger Attorneys at Law<\/span><span class=\"guide-author-logo\"><img src=\"https:\/\/my.legal500.com\/guides\/wp-content\/uploads\/sites\/1\/2026\/05\/Firm-Logo-4.jpg\"\/><\/span><\/div>","below_title":"<span class=\"guide-intro\">This country specific Q&amp;A provides an overview of Class Actions laws and regulations applicable in Switzerland<\/span><div class=\"guide-content\"><div class=\"filter\">\r\n\r\n\t\t\t\t<input type=\"text\" placeholder=\"Search questions and answers...\" class=\"filter-container__search-field\">\r\n\t\t\t<\/div>\r\n\r\n\t\t\t\r\n\r\n\r\n\t\t\t<ol class=\"custom-counter\">\r\n\r\n\t\t\t\r\n\r\n\t\t\t\t\t\t\t\t\t<li class=\"question-block filter-container__element\">\r\n\t\t\t\t\t\t<h3 class=\"filter-container__match-html\">Does your jurisdiction have a class action or collective redress mechanism? If so, please describe the mechanism(s) and outline the principal sources of law and regulation and its overarching impact on the conduct of class actions in your jurisdiction.<\/h3>\r\n\t\t\t\t\t\t<button id=\"show-me\">+<\/button>\r\n\t\t\t\t\t\t<div class=\"question_answer filter-container__match-html\" style=\"display:none;\"><p>Swiss law does not provide for typical class action instruments as the Swiss procedural laws are based on premise that interests of individuals shall be protected. However, even under Swiss law, there are instruments available that address the need for of a group of claimants to organize themselves in an efficient and cost-reducing manner. These instruments can be divided into two categories: Those that have their basis in the protection of individual interests but allow for efficiency considerations and those that allow for representative action.<\/p>\n<p><strong>Claims based on individual interests<\/strong><\/p>\n<p>The voluntary joinder of parties according to article 71 of the Swiss Civil Procedure Code (\u201cCPC\u201d) allows more than one claimant or defendant to be party to the proceeding. This requires that 1) the rights and obligations that are subject to the proceedings result from similar circumstances or legal grounds 2) the same type of civil procedure is applicable to the separate claims and 3) the same court has jurisdiction over the subject matter of the claims.<\/p>\n<p>The consolidation of claims according to art. 90 CPC allows the claimant to combine two or more claims against the same defendant if 1) the same court has jurisdiction over the subject matter of the claims and 2) the same type of procedure is applicable to the raised claims.<\/p>\n<p>Art. 125 CPC provides mechanisms for simplification of the proceedings. The court may inter alia, autonomously or at the request of a party, order the joinder of separately filed claims into one proceeding. The court shall base its decision on expediency considerations, i.e. if the individual claims are so closely related that a joint proceeding and decision appears necessary in order to avoid the possibility of conflicting decisions being issued in separate proceedings. In such a case the prerequisites for consolidation of claims according to art. 90 CPC must also be fulfilled (cf. above). Otherwise, the court may not order the joining of proceedings.<\/p>\n<p>Apart from these instruments explicitly provided in the law, practice has developed further instruments. The first being a model suit. In such a case, claimants with similar cases join forces and launch only one claim first. The aim is to test the waters for all subsequent claims. While under Swiss law, a decision is only binding upon the parties to the specific proceedings, it is evident that the decision has a prejudicial legal effect for all subsequent cases that are based essentially on the same factual circumstances and where the same legal questions must be answered. The second instrument is that claimants assign their claims to one claimant (typically an association) that consolidates all cases in one proceeding. An example of recent time where this strategy was followed was the VW emission scandal where the Foundation for Consumer Protection brought a case based on claims that were assigned to it by affected individuals.<\/p>\n<p><strong>Actions by association<\/strong><\/p>\n<p>Swiss law further provides instruments for representative action. Meaning that a third party (typically an association) may bring a claim in its own name even if interests of its members are at stake. This type of action has, however, a very limited scope of application. This shall be addressed below in question 9 and 10.<\/p>\n<p>It is worth noting that there are a number of provisions in special laws that also provide for the possibility of representative action.<\/p>\n<\/div>\r\n\r\n\r\n\t\t\t\t\t<\/li>\r\n\r\n\t\t\t\t\t\t\t\t\t<li class=\"question-block filter-container__element\">\r\n\t\t\t\t\t\t<h3 class=\"filter-container__match-html\">What is the history of the development of the class actions\/collective redress mechanism and its policy basis in your jurisdiction?<\/h3>\r\n\t\t\t\t\t\t<button id=\"show-me\">+<\/button>\r\n\t\t\t\t\t\t<div class=\"question_answer filter-container__match-html\" style=\"display:none;\"><p>Originally, the prerequisites for collective action were conceptualized in case law in the context of complaints brought by associations regarding personal injury of their members. From thereon provisions on collective redress mechanisms found their way into acts addressing specific areas of law and were later generally codified in the CPC that replaced the different cantonal procedural rules in 2011. There were efforts for reforms in recent times which will be addressed under question 35.<\/p>\n<\/div>\r\n\r\n\r\n\t\t\t\t\t<\/li>\r\n\r\n\t\t\t\t\t\t\t\t\t<li class=\"question-block filter-container__element\">\r\n\t\t\t\t\t\t<h3 class=\"filter-container__match-html\">What is the frequency of class actions brought in your jurisdiction (divided by type of claim, as applicable), in terms of number of cases over the years and\/or comparison to other types of litigation?<\/h3>\r\n\t\t\t\t\t\t<button id=\"show-me\">+<\/button>\r\n\t\t\t\t\t\t<div class=\"question_answer filter-container__match-html\" style=\"display:none;\"><p>No obligation exists for the courts to register their cases by types of claims. Also, no respective public information system exists. Accordingly, courts are free to choose whether they record their cases by type of claim and if they wish to publish this information. Experience from other empirical studies has shown that courts will provide such information only on request and only, if available. Against this background no statement can be made with regard to this question.<\/p>\n<\/div>\r\n\r\n\r\n\t\t\t\t\t<\/li>\r\n\r\n\t\t\t\t\t\t\t\t\t<li class=\"question-block filter-container__element\">\r\n\t\t\t\t\t\t<h3 class=\"filter-container__match-html\">Are there certain courts or types of claims that are most prevalent (for example competition vs commercial litigation generally)?<\/h3>\r\n\t\t\t\t\t\t<button id=\"show-me\">+<\/button>\r\n\t\t\t\t\t\t<div class=\"question_answer filter-container__match-html\" style=\"display:none;\"><p>Generally, cantonal district courts are the first court instance for claims. As the CPC provides that cantons may designate specialized courts for commercial but also special fields of law like unfair competition or matters having their basis in corporate law, many claims are subject to the mandatory jurisdiction of the Commercial Courts. In Switzerland, the canton of Bern, St. Gallen, Aargau and Zurich have established Commercial Courts. With Zurich being the biggest commercial hub in Switzerland, many cases wind up before the Zurich Commercial Court.<\/p>\n<p>Nearly all actions that resemble class actions in recent times have had their basis in competition law or in financial markets law in the broader sense. Three noteworthy examples shall be addressed here.<\/p>\n<p>As set out above, the Foundation for Consumer Protection brought a case based on claims that were assigned to it by roughly 6,000 affected individuals. These amounted to a total of CHF 36.3 m. It also brought a second representative action based on the Federal Act on Unfair Competition (cf. explanations of the basis in question 10). In the second case the foundation for consumer protection sought for declaration that the statements made by Volkswagen and its biggest distributor in Switzerland, AMAG, with regard to the emissions of the cars with manipulated emission results constituted acts of unfair competition. Both claims were unsuccessful. In the first case, the Zurich Commercial Court denied that the Foundation\u2019s articles of association did not allow the Foundation to bring a damages claim and hence, the foundation did not have the capacity to bring the action and thus, the procedural prerequisites were not met to begin with. The second case also ended before the Zurich Commercial Court had to deal with the material aspects of the claim. The court held that the primary aim of a claim for declaration of unlawfulness of a conduct is the rehabilitation of the injured party. As the statements had ceased when the diesel engine in question was no longer installed by 2015 and no new vehicles were equipped with said engine, no interest in rehabilitation could exist in 2017 when the claim was submitted. Both decisions were later confirmed by the Federal Supreme Court.<\/p>\n<p>Another more recent example is the action by individual bond holders that incurred losses when the Swiss Financial Market Supervisory Authority (\u201cFINMA\u201d) ordered that the AT1 Bonds issued by Credit Suisse were to be written off in connection with the merger between Credit Suisse and UBS. In this regard, it is known that bondholders organized themselves in groups and have already brought action based on the possibility of joinder of parties. In its partial judgment the Federal Administrative Court found that there was no basis for FINMA to order the write-off of the AT1 bonds. This is a good example how the joinder of parties minimizes costs for each bondholder but also that other bondholders may profit from this model suit as their claims are essentially dependant on the decisive question whether the write-off was legal.<\/p>\n<p>Lastly, the proceedings before the Zurich Commercial Court regarding the question, whether the conversion rate from one Credit Suisse share to one UBS share in the context of their merger was appropriate, shall get a special mention. According to art. 105 of the Swiss Merger Act, each shareholder may request that the court determines whether in case of a merger the membership rights were adequately preserved. This includes the question whether the conversion rate applied was lawful. If not, the court will determine the appropriate compensation payment. The specialty of such an action lies therein that the judgement is applicable to all shareholders in a similar position. This constitutes a rare exception that a judgement not only binds the parties to the proceedings but also third parties that have not participated in the action.<\/p>\n<\/div>\r\n\r\n\r\n\t\t\t\t\t<\/li>\r\n\r\n\t\t\t\t\t\t\t\t\t<li class=\"question-block filter-container__element\">\r\n\t\t\t\t\t\t<h3 class=\"filter-container__match-html\">What is the definition of 'class action' or 'collective redress' relevant to your jurisdiction?<\/h3>\r\n\t\t\t\t\t\t<button id=\"show-me\">+<\/button>\r\n\t\t\t\t\t\t<div class=\"question_answer filter-container__match-html\" style=\"display:none;\"><p>As set out, Swiss law does not provide for class action instruments. Rather, it only provides instruments that may be employed for the protection of collective interests. The concrete implementation of the available instruments takes many forms and may vary from each case to the next.<\/p>\n<\/div>\r\n\r\n\r\n\t\t\t\t\t<\/li>\r\n\r\n\t\t\t\t\t\t\t\t\t<li class=\"question-block filter-container__element\">\r\n\t\t\t\t\t\t<h3 class=\"filter-container__match-html\">What are the general 'triggers' for commencement of a class action or collective redress in your jurisdiction from a factual perspective?<\/h3>\r\n\t\t\t\t\t\t<button id=\"show-me\">+<\/button>\r\n\t\t\t\t\t\t<div class=\"question_answer filter-container__match-html\" style=\"display:none;\"><p>Inherently, at the beginning is always a case where many people are affected. What might start as mere media coverage quickly shifts into public communication by associations (such as consumer protection associations or investor associations) but also law firms with the aim of bringing the affected parties together and coordinating the actions to be taken. Both associations and law firms have established networks and means to enable the efficient protection of the individual\u2019s interest (e.g. cooperation of several law firms where general fact finding is considered or coordinated submissions to apply pressure).<\/p>\n<\/div>\r\n\r\n\r\n\t\t\t\t\t<\/li>\r\n\r\n\t\t\t\t\t\t\t\t\t<li class=\"question-block filter-container__element\">\r\n\t\t\t\t\t\t<h3 class=\"filter-container__match-html\">How do class actions or collective redress proceedings typically interact with regulatory enforcement findings? e.g. competition, environmental or financial regulators?<\/h3>\r\n\t\t\t\t\t\t<button id=\"show-me\">+<\/button>\r\n\t\t\t\t\t\t<div class=\"question_answer filter-container__match-html\" style=\"display:none;\"><p>Regulatory enforcement findings, if even, often only emerge to the public at a late state. As one example the investigation report prepared by Credit Suisse regarding the Greensill case may be mentioned. Several affected investors had lodged a criminal complaint in 2021 and sought to gain access to internal files of Credit Suisse via a compulsory order of the state prosecutor ordering their release. The state prosecutor office was only able to obtain the FINMA report which was based on the internal investigation report of Credit Suisse in August 2024 after the Federal Supreme Court decided that the handover of the FINMA report could not be denied due to confidentiality interests of Credit Suisse. This shows that it may take many years until regulatory findings reach the broader public.<\/p>\n<p>In this regard, it must be noted that shortly after the regulatory findings in the Greensill case became public, UBS (as successor of Credit Suisse) submitted high offers to all investor to settle their claims relating to the Greensill funds. While regulatory enforcement findings do not necessarily have a decisive effect on the decision whether or not to launch a claim, it gives the claimants leverage and increases pressure on the defendant.<\/p>\n<\/div>\r\n\r\n\r\n\t\t\t\t\t<\/li>\r\n\r\n\t\t\t\t\t\t\t\t\t<li class=\"question-block filter-container__element\">\r\n\t\t\t\t\t\t<h3 class=\"filter-container__match-html\">What types of conduct and causes of action can be relied upon as the basis for a class action or collective redress mechanism?<\/h3>\r\n\t\t\t\t\t\t<button id=\"show-me\">+<\/button>\r\n\t\t\t\t\t\t<div class=\"question_answer filter-container__match-html\" style=\"display:none;\"><p>To address this question, one has to understand the prerequisites for a damages claim under Swiss law. If the claim arouse within the framework of a contractual relationship, the claimant must show that the conduct of the defendant constituted a breach of obligation. This is for example the case where banks have advised their customers to buy financial products that in fact did not exhibit the characteristics advertised to them.<\/p>\n<p>If, however, the claimant did not maintain a contractual relationship with the defendant, the claimant must show that the conduct was illegal. This is either the case if absolutely protected rights are violated (e.g. life, health, property) or he has breached a provision that aimed at the protection against the occurrence of damage of the type that occurred in the specific case.<\/p>\n<\/div>\r\n\r\n\r\n\t\t\t\t\t<\/li>\r\n\r\n\t\t\t\t\t\t\t\t\t<li class=\"question-block filter-container__element\">\r\n\t\t\t\t\t\t<h3 class=\"filter-container__match-html\">Are there any limitations of types of claims that may be brought on a collective basis?<\/h3>\r\n\t\t\t\t\t\t<button id=\"show-me\">+<\/button>\r\n\t\t\t\t\t\t<div class=\"question_answer filter-container__match-html\" style=\"display:none;\"><p>In case of representative action, the relief sought by the association is typically limited to the prohibition of an imminent violation, omission from an ongoing violation or declaration of the unlawful character of the violation provided the violation still produces negative effects. With regard to special law provisions reference is made to question 10 below.<\/p>\n<p>It is important to highlight that the representative associations may not bring a claim for damages but only the individuals are entitled to bring such an action. In any way, the action by the association helps its member insofar as the members can refer to the judgement obtain by the association to establish the unlawfulness of the violation (which is a prerequisite for a damages claim as explained above).<\/p>\n<\/div>\r\n\r\n\r\n\t\t\t\t\t<\/li>\r\n\r\n\t\t\t\t\t\t\t\t\t<li class=\"question-block filter-container__element\">\r\n\t\t\t\t\t\t<h3 class=\"filter-container__match-html\">Who may bring a class action or collective redress proceeding? (e.g. qualified entities, consumers, companies etc)<\/h3>\r\n\t\t\t\t\t\t<button id=\"show-me\">+<\/button>\r\n\t\t\t\t\t\t<div class=\"question_answer filter-container__match-html\" style=\"display:none;\"><p>The general basis for representative action is provided in art. 89 CPC. According to this provision associations and other organisation may bring a claim to protect the interests of a certain group of individuals if 1) the association or organisation is of national or regional importance, 2) is authorized by its articles of association to safeguard its members interests and 3) the claim must relate to the violation of personality rights of its members.<\/p>\n<p>The prerequisites might differ where special areas of law are considered. Some relevant examples are set out below.<\/p>\n<p>Under art. 10 para. 2 of the Federal Act on Unfair Competition either 1) professional and trade association which are authorised under their articles of association to safeguard the economic interests of their members or 2) organisations of national or regional importance which, in accordance with their articles of association, are dedicated to consumer protection may bring a representative action if an unfair conduct is the basis of the claim. With such an action the prohibition of an imminent violation or omission from an ongoing violation may be sought.<\/p>\n<p>Art. 56 para. 1 of the Federal Act on the Protection of Trademarks and Indications of Source provides that 1) professional and trade associations that are authorized by their articles of association to protect the economic interests of their members and 2) organizations of national or regional importance that are dedicated to consumer protection according to their articles of association may bring a claim where protection of indications of origin are concerned. With such an action the prohibition of an imminent violation, omission from an ongoing violation, declaration of the unlawful character of the violation or the imposition of the obligation on the defendant to disclose the origin and quantity of the items in his possession that are unlawfully marked with the trademark or indication of origin, and to name the recipients and extent of distribution to commercial buyers.<\/p>\n<p>According to art. 7 para. 1 of the Federal Act on Gender Equality provides that organizations that promote equality between women and men or protect the interests of employees according to their articles of association and have been in existence for at least two years may, request the declaration of a discrimination if the outcome of the proceedings is likely to affect a large number of employment relationships. Before launching a claim, they must grant the concerned employer the opportunity to comment before referring the matter to litigation.<\/p>\n<p>Under art. 9 para. 1 of the Federal Act on the Elimination of Discrimination against Persons with Disabilities organizations representing persons with disabilities that are active throughout Switzerland (not only regionally) and have existed for at least ten years may assert legal claims on the basis of discrimination affecting a large number of persons with disabilities. This entails declaratory relief but also action with which the conformity with laws on barrier-free access for persons with disability is demanded. In this regard the Federal Council designates in a separate ordinance the organizations entitled to lodge complaints.<\/p>\n<\/div>\r\n\r\n\r\n\t\t\t\t\t<\/li>\r\n\r\n\t\t\t\t\t\t\t\t\t<li class=\"question-block filter-container__element\">\r\n\t\t\t\t\t\t<h3 class=\"filter-container__match-html\">Are there any limits on the nationality or domicile of claimants in class actions or collective redress proceedings?<\/h3>\r\n\t\t\t\t\t\t<button id=\"show-me\">+<\/button>\r\n\t\t\t\t\t\t<div class=\"question_answer filter-container__match-html\" style=\"display:none;\"><p>No such limitation exist under Swiss law.<\/p>\n<\/div>\r\n\r\n\r\n\t\t\t\t\t<\/li>\r\n\r\n\t\t\t\t\t\t\t\t\t<li class=\"question-block filter-container__element\">\r\n\t\t\t\t\t\t<h3 class=\"filter-container__match-html\">Are there any limitations on size or type of class?<\/h3>\r\n\t\t\t\t\t\t<button id=\"show-me\">+<\/button>\r\n\t\t\t\t\t\t<div class=\"question_answer filter-container__match-html\" style=\"display:none;\"><p>No. However, reference is made to art. 125 CPC according to which the court may not only join proceedings but also separate jointly filed actions by several defendants under efficiency considerations. Therefore, it may well be that the court order the separation of claims if it deems that the high number of claimants render the conduct of the proceedings inefficient.<\/p>\n<\/div>\r\n\r\n\r\n\t\t\t\t\t<\/li>\r\n\r\n\t\t\t\t\t\t\t\t\t<li class=\"question-block filter-container__element\">\r\n\t\t\t\t\t\t<h3 class=\"filter-container__match-html\">Are there any requirements or prohibitions in sourcing this class?<\/h3>\r\n\t\t\t\t\t\t<button id=\"show-me\">+<\/button>\r\n\t\t\t\t\t\t<div class=\"question_answer filter-container__match-html\" style=\"display:none;\"><p>No. However, it must be highlighted that the laws on the attorneys\u2019 code of conduct generally prohibits advertisement for their services which puts restraints on the means how they may reach out to potential injured parties in class action type claims may.<\/p>\n<\/div>\r\n\r\n\r\n\t\t\t\t\t<\/li>\r\n\r\n\t\t\t\t\t\t\t\t\t<li class=\"question-block filter-container__element\">\r\n\t\t\t\t\t\t<h3 class=\"filter-container__match-html\">Which courts deal with class actions or collective redress proceedings?<\/h3>\r\n\t\t\t\t\t\t<button id=\"show-me\">+<\/button>\r\n\t\t\t\t\t\t<div class=\"question_answer filter-container__match-html\" style=\"display:none;\"><p>There is no designated court under Swiss law. As set out under question 4 such cases are often heard by Commercial Courts, provided they exist in the canton in question, due to their mandatory jurisdiction.<\/p>\n<\/div>\r\n\r\n\r\n\t\t\t\t\t<\/li>\r\n\r\n\t\t\t\t\t\t\t\t\t<li class=\"question-block filter-container__element\">\r\n\t\t\t\t\t\t<h3 class=\"filter-container__match-html\">Are there any jurisdictional obstacles to class actions or collective redress proceedings?<\/h3>\r\n\t\t\t\t\t\t<button id=\"show-me\">+<\/button>\r\n\t\t\t\t\t\t<div class=\"question_answer filter-container__match-html\" style=\"display:none;\"><p>No specific limitations relating to collective redress proceedings.<\/p>\n<\/div>\r\n\r\n\r\n\t\t\t\t\t<\/li>\r\n\r\n\t\t\t\t\t\t\t\t\t<li class=\"question-block filter-container__element\">\r\n\t\t\t\t\t\t<h3 class=\"filter-container__match-html\">Does your jurisdiction adopt an \u201copt in\u201d or \u201copt out\u201d mechanism?<\/h3>\r\n\t\t\t\t\t\t<button id=\"show-me\">+<\/button>\r\n\t\t\t\t\t\t<div class=\"question_answer filter-container__match-html\" style=\"display:none;\"><p>As under Swiss law no class action mechanism exists in the common sense, each injured party must bring its own claim to safeguard his individual right.<\/p>\n<\/div>\r\n\r\n\r\n\t\t\t\t\t<\/li>\r\n\r\n\t\t\t\t\t\t\t\t\t<li class=\"question-block filter-container__element\">\r\n\t\t\t\t\t\t<h3 class=\"filter-container__match-html\">What is required (i.e. procedural formalities) in order to start a class action or collective redress claim?<\/h3>\r\n\t\t\t\t\t\t<button id=\"show-me\">+<\/button>\r\n\t\t\t\t\t\t<div class=\"question_answer filter-container__match-html\" style=\"display:none;\"><p>In the CPC no particular procedural formalities exist for class action type actions (except as set out in question 1). Generally, art. 59 CPC sets out the procedural requirements such as the requirement that the claimant must have a legitimate interest to bring the claim. A legitimate interest is usually denied if the claim is only of symbolic nature and the claimant has no legal or factual detriment that he aims to redress by means of the claim. Another procedural requirement is the capacity to be a party to the proceedings or to take legal action. In this regard, reference is made to question 10 that sets out what prerequisites must be fulfilled for associations to be able to take legal action.<\/p>\n<\/div>\r\n\r\n\r\n\t\t\t\t\t<\/li>\r\n\r\n\t\t\t\t\t\t\t\t\t<li class=\"question-block filter-container__element\">\r\n\t\t\t\t\t\t<h3 class=\"filter-container__match-html\">What other mandatory procedural requirements apply to these types of matters?<\/h3>\r\n\t\t\t\t\t\t<button id=\"show-me\">+<\/button>\r\n\t\t\t\t\t\t<div class=\"question_answer filter-container__match-html\" style=\"display:none;\"><p>N\/A<\/p>\n<\/div>\r\n\r\n\r\n\t\t\t\t\t<\/li>\r\n\r\n\t\t\t\t\t\t\t\t\t<li class=\"question-block filter-container__element\">\r\n\t\t\t\t\t\t<h3 class=\"filter-container__match-html\">Are normal civil procedure rules applied to these proceedings or a special set of rules adopted for this purpose?<\/h3>\r\n\t\t\t\t\t\t<button id=\"show-me\">+<\/button>\r\n\t\t\t\t\t\t<div class=\"question_answer filter-container__match-html\" style=\"display:none;\"><p>Yes, there are no special set of rules for class action type proceedings.<\/p>\n<\/div>\r\n\r\n\r\n\t\t\t\t\t<\/li>\r\n\r\n\t\t\t\t\t\t\t\t\t<li class=\"question-block filter-container__element\">\r\n\t\t\t\t\t\t<h3 class=\"filter-container__match-html\">How long do these cases typically run for?<\/h3>\r\n\t\t\t\t\t\t<button id=\"show-me\">+<\/button>\r\n\t\t\t\t\t\t<div class=\"question_answer filter-container__match-html\" style=\"display:none;\"><p>As explained under question 3, courts are free to choose whether they record their cases by types of cases or not. The annual reports of the courts regarding their cases gives us an indication regarding the duration of the proceeding that claimants should take into account. An analysis of the duration of ordinary proceedings before commercial courts of the past five years (where available) shows that an average of 65% of their proceedings find their end within one year. On average 20% take between one to two years and an average of 15% takes more than two years.<\/p>\n<p>In this regard we note the following: Firstly, many cases do not reach the state where the court must render a decision. Especially Commercial Courts have a high settlement rate as the CPC allows for court mandated settlement discussions (cf. question 26). The number of settlements is not reflected in the statistics explained above. Secondly, as class action type proceedings are usually more complex and require more procedural steps (e.g. taking of evidence, obtaining expert opinions) than the average case, they are likely to pertain to the category of cases which take over two years. This corresponds to the procedural history of class action type proceedings known to the public.<\/p>\n<p>Judgments of commercial courts may only be appeal to the Federal Supreme Court which decides as the court of last resort. According to the annual report of the Federal Supreme Court an average of 82% of civil cases are decided within one year. Of the remaining 8% cases only 1% take over two years.<\/p>\n<\/div>\r\n\r\n\r\n\t\t\t\t\t<\/li>\r\n\r\n\t\t\t\t\t\t\t\t\t<li class=\"question-block filter-container__element\">\r\n\t\t\t\t\t\t<h3 class=\"filter-container__match-html\">What remedies are available to claimants in class action or collective redress proceedings?<\/h3>\r\n\t\t\t\t\t\t<button id=\"show-me\">+<\/button>\r\n\t\t\t\t\t\t<div class=\"question_answer filter-container__match-html\" style=\"display:none;\"><p>A claimant may ask for performance. This entails the demand that the defendant be ordered to do, refrain from doing or tolerate something (art. 84 CPC). The claim for performance also includes the claim for payment of damages or pain and suffering.<\/p>\n<p>Further, the claimant may ask for declaratory judgment, which, however, provides that the claimant must have a special legitimate interest to obtain a declaratory judgment (art. 88 CPC). According to the case law of the Federal Supreme Court, this is deemed to be given where the legal relationship between claimant and defendant is uncertain, the claimant cannot reasonably be expected to tolerate this uncertainty in the future, the action for a declaratory judgment is appropriate for removing this uncertainty, and the uncertainty cannot be resolved in any other way (in particular not through an action for performance or an action to establish a legal relationship).<\/p>\n<p>The remedies are limited in case of representative actions. As set out in question 9 above, the remedies are typically limited to the prohibition of an imminent violation, ordering the omission from an ongoing violation or declaration of the unlawful character of the violation. Reference is also made to question 10 under which the available remedies for claims based on specific laws are set out.<\/p>\n<\/div>\r\n\r\n\r\n\t\t\t\t\t<\/li>\r\n\r\n\t\t\t\t\t\t\t\t\t<li class=\"question-block filter-container__element\">\r\n\t\t\t\t\t\t<h3 class=\"filter-container__match-html\">What is the measure of damages for any financial remedies for class actions or collective redress proceedings?<\/h3>\r\n\t\t\t\t\t\t<button id=\"show-me\">+<\/button>\r\n\t\t\t\t\t\t<div class=\"question_answer filter-container__match-html\" style=\"display:none;\"><p>Under Swiss law financial claims may only be made under the title of damages or compensation for pain and suffering. Damages may consist of an increase in liabilities, a decrease in assets or lost profits.<\/p>\n<p>Compensation for pain and suffering requires a violation of personality rights of the claimant which encompasses all physical, psychological, moral, and social values that accrue to a person by virtue of their existence. The violation of personality rights must cause emotional distress in such a severity that it justifies the award of a monetary sum with the aim to alleviate the pain suffered.<\/p>\n<p>In both cases the damages or compensation, respectively, must be caused by the conduct of the defendant which has been determined as illegal or (in case of a contractual relationship) as a breach of the contract between claimant and defendant.<\/p>\n<\/div>\r\n\r\n\r\n\t\t\t\t\t<\/li>\r\n\r\n\t\t\t\t\t\t\t\t\t<li class=\"question-block filter-container__element\">\r\n\t\t\t\t\t\t<h3 class=\"filter-container__match-html\">Are punitive or exemplary damages available for class actions or collective redress proceedings?<\/h3>\r\n\t\t\t\t\t\t<button id=\"show-me\">+<\/button>\r\n\t\t\t\t\t\t<div class=\"question_answer filter-container__match-html\" style=\"display:none;\"><p>No, under Swiss law only damages may be awarded that the claimant actually has incurred.<\/p>\n<\/div>\r\n\r\n\r\n\t\t\t\t\t<\/li>\r\n\r\n\t\t\t\t\t\t\t\t\t<li class=\"question-block filter-container__element\">\r\n\t\t\t\t\t\t<h3 class=\"filter-container__match-html\">Is a judge or multiple judges assigned to these cases?<\/h3>\r\n\t\t\t\t\t\t<button id=\"show-me\">+<\/button>\r\n\t\t\t\t\t\t<div class=\"question_answer filter-container__match-html\" style=\"display:none;\"><p>The CPC does not provide for any provisions regarding the organisation of the courts. This falls within the legislation power of the cantons. Hence, whether a single judge or multiple judges are assigned is determined by the organisational rules of the canton where the claim is brought. In most cantons, three judges are assigned in ordinary proceedings.<\/p>\n<\/div>\r\n\r\n\r\n\t\t\t\t\t<\/li>\r\n\r\n\t\t\t\t\t\t\t\t\t<li class=\"question-block filter-container__element\">\r\n\t\t\t\t\t\t<h3 class=\"filter-container__match-html\">Are class actions or collective redress proceedings subject to juries?  If so, what is the role of juries?<\/h3>\r\n\t\t\t\t\t\t<button id=\"show-me\">+<\/button>\r\n\t\t\t\t\t\t<div class=\"question_answer filter-container__match-html\" style=\"display:none;\"><p>No. Under Swiss law jury proceedings only existed in criminal proceedings and were abolished with the introduction of the Swiss Criminal Procedure Code in 2011. Hence, there are no proceedings under Swiss law that are still subject to jury decisions. Only one exception exists in the canton of Ticino in certain criminal proceedings.<\/p>\n<\/div>\r\n\r\n\r\n\t\t\t\t\t<\/li>\r\n\r\n\t\t\t\t\t\t\t\t\t<li class=\"question-block filter-container__element\">\r\n\t\t\t\t\t\t<h3 class=\"filter-container__match-html\">Is there any prescribed procedural mechanism for the collective settlement of class actions or collective redress proceedings?<\/h3>\r\n\t\t\t\t\t\t<button id=\"show-me\">+<\/button>\r\n\t\t\t\t\t\t<div class=\"question_answer filter-container__match-html\" style=\"display:none;\"><p>No. According to art. 226 CPC the court may at any time in the proceedings hold instruction hearings. These serve to discuss the matter in dispute in an informal manner, to complete the facts, to prepare for the main hearing or \u2013 most importantly \u2013 to attempt to reach an agreement between the parties. Hence, whether settlement discussions take place within the proceeding lies within the discretion of the court. The use of instruction hearings to conduct settlement discussions is widely used by Swiss courts as any settlement decreases the heavy workload of the courts and in turn allows for reduction of the court fees. Usually, the courts invite the parties to an instruction hearing after the parties have submitted at least one round of briefs. This allows the courts to give an informal and preliminary assessment of the case which builds an impartial basis for settlement discussion between the parties led by the court. In the end, the parties are free whether they conclude a settlement and under what terms. If no settlement is reached, the proceeding will continue.<\/p>\n<\/div>\r\n\r\n\r\n\t\t\t\t\t<\/li>\r\n\r\n\t\t\t\t\t\t\t\t\t<li class=\"question-block filter-container__element\">\r\n\t\t\t\t\t\t<h3 class=\"filter-container__match-html\">Is there any judicial oversight for settlements of class actions or collective redress mechanisms?<\/h3>\r\n\t\t\t\t\t\t<button id=\"show-me\">+<\/button>\r\n\t\t\t\t\t\t<div class=\"question_answer filter-container__match-html\" style=\"display:none;\"><p>In this regard, reference is made to question 26.<\/p>\n<\/div>\r\n\r\n\r\n\t\t\t\t\t<\/li>\r\n\r\n\t\t\t\t\t\t\t\t\t<li class=\"question-block filter-container__element\">\r\n\t\t\t\t\t\t<h3 class=\"filter-container__match-html\">Is there any prescribed procedural obligation to undertake alternative dispute resolution (outside of the court system) and, if so, a specified format?<\/h3>\r\n\t\t\t\t\t\t<button id=\"show-me\">+<\/button>\r\n\t\t\t\t\t\t<div class=\"question_answer filter-container__match-html\" style=\"display:none;\"><p>The base principle of litigation in Switzerland is that the parties shall first attempt to find a bilateral solution. Hence, art. 198 CPC provides that, in general, litigation shall be preceded by an attempt at conciliation before a conciliation authority. There are exceptions to this rule relating certain subject matters (art. 198 CPC). The parties may also jointly waive the obligation to attempt conciliation if the amount in dispute is at least CHF 100,000 (art. 199 para. 1 CPC). There are also cases where the claimant may unilaterally waive conciliation such as in the case where the defendant\u2019s place of residency is abroad or unknown (art. 199 para. 2 CPC). Finally, we note that before 1 January 2025 no conciliation was necessary (or allowed) in cases in which Commercial Courts had mandatory jurisdiction. With the latest revision of the CPC, the claimant is free to initiate conciliation proceedings before submitting his claim to the Commercial Court but is also free to unilaterally waive the conciliation proceedings.<\/p>\n<p>The fees for the conciliation proceedings are determined by cantonal laws but are generally very low compared to potential court costs. Generally, the fees are to be borne by the claimant if no settlement is concluded. In case of a settlement the fees are usually reduced and distributed according to the settlement terms of the parties.<\/p>\n<\/div>\r\n\r\n\r\n\t\t\t\t\t<\/li>\r\n\r\n\t\t\t\t\t\t\t\t\t<li class=\"question-block filter-container__element\">\r\n\t\t\t\t\t\t<h3 class=\"filter-container__match-html\">What litigation funding models are available for a class action or collective redress.<\/h3>\r\n\t\t\t\t\t\t<button id=\"show-me\">+<\/button>\r\n\t\t\t\t\t\t<div class=\"question_answer filter-container__match-html\" style=\"display:none;\"><p>Generally speaking, the CPC provides for a basis for legal aid if the claimant does not have sufficient financial resources to finance the claim (considering the necessary means to cover the basic needs of the claimant and his wealth) and the case does not seem devoid of any chances of success. If legal aid is granted, the claimant may be exempt from the obligation to provide advances on court costs, provide security for party compensation or to pay court costs. The claimant may also be entitled to a legal representative if this is deemed necessary to safeguard the rights of the claimant. Should the claimant not be successful, he or she will still be liable to pay party compensation to the opposing party. The prerequisites for legal aid are rather strict and it must be noted that the costs are subject to reimbursement should the claimant at some point be in a position where he or she is able to do so within 10 years after the end of the proceedings.<\/p>\n<p>Under the laws on the attorneys\u2019 code of conduct contingency fees are only allowed to a limited extent. A pure contingency fee is not allowed which is the case where the attorney\u2019s fee is solely dependent on the outcome of the case entrusted to him and the final fee has not yet been determined at the time the mandate is granted. The reasoning lies in the principle that the attorney loses his independency where his fees are dependent on the outcome of the litigation as he has a personal interest in the case. A mixed contingency fee, consisting of a fixed amount and a performance-based amount, is permissible under three conditions: 1) The fixed amount must not be conspicuously small, 2) the success-dependent amount must not be so large as to jeopardize the lawyer\u2019s independence and 3) the lawyer cannot agree on the success fee with the client during the legal dispute (i.e. must be before or after the legal dispute). Against this background, contingency fees are rarely used to finance litigation.<\/p>\n<p>Funding of litigation is mostly done via litigation funding companies. This usually entails that the litigation funding company makes its own assessment of the case and only decides to fund the litigation where there are high chances of success and what the potential return would be if it were to take on the case. In such a case the funding company either buys the claims from the potential claimant for a fraction of the size of the claim and conducts its own litigation or takes influence on how the litigation is conducted (e.g. by engaging its own lawyers and giving instructions) and takes a share of the net revenue in case of success.<\/p>\n<\/div>\r\n\r\n\r\n\t\t\t\t\t<\/li>\r\n\r\n\t\t\t\t\t\t\t\t\t<li class=\"question-block filter-container__element\">\r\n\t\t\t\t\t\t<h3 class=\"filter-container__match-html\">Are there any restrictions on third-party funding of a class action or collective redress.<\/h3>\r\n\t\t\t\t\t\t<button id=\"show-me\">+<\/button>\r\n\t\t\t\t\t\t<div class=\"question_answer filter-container__match-html\" style=\"display:none;\"><p>Reference is made to question 29 where applicable restrictions are set out. As Switzerland does not provide for genuine collective redress mechanisms the significance of third-party funding is rather low. Nonetheless, in recent years more and companies have stepped into the Swiss market which is why an increase of third-party funding activities can be expected.<\/p>\n<\/div>\r\n\r\n\r\n\t\t\t\t\t<\/li>\r\n\r\n\t\t\t\t\t\t\t\t\t<li class=\"question-block filter-container__element\">\r\n\t\t\t\t\t\t<h3 class=\"filter-container__match-html\">What are the top three emerging business risks that are the focus of class action or collective redress litigation?<\/h3>\r\n\t\t\t\t\t\t<button id=\"show-me\">+<\/button>\r\n\t\t\t\t\t\t<div class=\"question_answer filter-container__match-html\" style=\"display:none;\"><p>As Switzerland does not provide for genuine collective redress mechanisms, trends in business risks are difficult to assess. Besides the risks identified in question 4, one important business risk are certainly climate related claims. For example, in 2025, residents of the Indonesian island of Pari sued Holcim with seat in the canton of Zug. With this claim the claimants aim to hold Holcim accountable for the impact of its cement business on the climate and rising sea levels (which also affected the island Pari). To the surprise of many, the court has admitted the claim in principle. This decision is now under appeal. Another example for climate litigation is the case where the EHCR ruled in 2024 that Switzerland has violated the right to climate protection by not taking sufficient measures against climate change.<\/p>\n<\/div>\r\n\r\n\r\n\t\t\t\t\t<\/li>\r\n\r\n\t\t\t\t\t\t\t\t\t<li class=\"question-block filter-container__element\">\r\n\t\t\t\t\t\t<h3 class=\"filter-container__match-html\">What trends in litigation are evident in the last three years in your jurisdiction in respect of class actions?<\/h3>\r\n\t\t\t\t\t\t<button id=\"show-me\">+<\/button>\r\n\t\t\t\t\t\t<div class=\"question_answer filter-container__match-html\" style=\"display:none;\"><p>Even with limited resources for collective redress under Swiss law, the number of cases is increasing significantly. This is due to the general higher public awareness for subjects that are often the basis for collective redress claims but also due to the more efficient access to litigation (e.g. better communication channels between associations and the public, availability of specialized attorneys).<\/p>\n<\/div>\r\n\r\n\r\n\t\t\t\t\t<\/li>\r\n\r\n\t\t\t\t\t\t\t\t\t<li class=\"question-block filter-container__element\">\r\n\t\t\t\t\t\t<h3 class=\"filter-container__match-html\">Where do you foresee the most significant legal development in the next 12 months in respect of collective redress and class actions?<\/h3>\r\n\t\t\t\t\t\t<button id=\"show-me\">+<\/button>\r\n\t\t\t\t\t\t<div class=\"question_answer filter-container__match-html\" style=\"display:none;\"><p>With reference to question 32, we expect development based on the rulings of the courts that are dealing with climate related claims.<\/p>\n<\/div>\r\n\r\n\r\n\t\t\t\t\t<\/li>\r\n\r\n\t\t\t\t\t\t\t\t\t<li class=\"question-block filter-container__element\">\r\n\t\t\t\t\t\t<h3 class=\"filter-container__match-html\">Are class actions or collective redress proceedings being brought for \u2018ESG\u2019 matters? If so, how are those claims being framed?<\/h3>\r\n\t\t\t\t\t\t<button id=\"show-me\">+<\/button>\r\n\t\t\t\t\t\t<div class=\"question_answer filter-container__match-html\" style=\"display:none;\"><p>These types of actions are still rare. Where climate related actions are concerned, the claimants have argued that a lack of climate protection is a violation of their human rights.<\/p>\n<\/div>\r\n\r\n\r\n\t\t\t\t\t<\/li>\r\n\r\n\t\t\t\t\t\t\t\t\t<li class=\"question-block filter-container__element\">\r\n\t\t\t\t\t\t<h3 class=\"filter-container__match-html\">Are there any proposals for the reform of class actions or collective redress proceedings? If so, what are those proposals?<\/h3>\r\n\t\t\t\t\t\t<button id=\"show-me\">+<\/button>\r\n\t\t\t\t\t\t<div class=\"question_answer filter-container__match-html\" style=\"display:none;\"><p>In its Message on the amendment of the Swiss Code of Civil Procedure of 10 December 2021, the Federal Council concluded that the existing instruments of the CPC did not allow for genuine collective enforcement of rights in cases of so-called mass and scattered damage. Accordingly, the Federal Council suggested that the class action provisions should be amended as to allow the assertion of claims for compensation, Further, a new possibility of settlements should be introduced which allows the courts to declare the settlement binding for all damaged individuals. However, at the end of 2025 the Parliament did not even enter into discussion of the Message of the Federal Council. Hence, Switzerland was again left without instruments for collective redress.<\/p>\n<\/div>\r\n\r\n\r\n\t\t\t\t\t<\/li>\r\n\r\n\t\t\t\t\r\n<div class=\"word-count-hidden\" style=\"display:none;\">Estimated word count: <span class=\"word-count\">5443<\/span><\/div>\r\n\r\n\t\t\t<\/ol>\r\n\r\n<script type=\"text\/javascript\" src=\"\/wp-content\/themes\/twentyseventeen\/src\/jquery\/components\/filter-guides.js\" async><\/script><\/div>"}},"_links":{"self":[{"href":"https:\/\/my.legal500.com\/guides\/wp-json\/wp\/v2\/comparative_guide\/141946","targetHints":{"allow":["GET"]}}],"collection":[{"href":"https:\/\/my.legal500.com\/guides\/wp-json\/wp\/v2\/comparative_guide"}],"about":[{"href":"https:\/\/my.legal500.com\/guides\/wp-json\/wp\/v2\/types\/comparative_guide"}],"wp:attachment":[{"href":"https:\/\/my.legal500.com\/guides\/wp-json\/wp\/v2\/media?parent=141946"}],"curies":[{"name":"wp","href":"https:\/\/api.w.org\/{rel}","templated":true}]}}