Swiss Court Confirms Hague Convention Service Requests Cannot Be Challenged

In a decision of considerable practical importance for cross-border litigation, the Swiss Federal Supreme Court (“SFSC”) addressed the service of documents in Switzerland pursuant to the Hague Convention on Service Abroad of Judicial and Extrajudicial Documents in Civil and Commercial Matters of 15 November 1965 (“HSC”).

The SFSC held that recipients of such documents have no right to challenge the Swiss authority’s decision to grant service assistance. They are also not entitled to receive a separately challengeable decision. The SFSC accordingly declared the appeal inadmissible.

Background

Under the principle of territorial sovereignty, it is impermissible to carry out official acts on behalf of a foreign state on Swiss territory. Such acts infringe Swiss sovereignty and may even be sanctioned based on Article 271 of the Swiss Criminal Code, known as the Swiss Blocking Statute. Absent bilateral treaties, foreign judicial documents must therefore be transmitted through the