Art. 37 Schweizerische Zivilprozessordnung (ZPO) - Schadenersatz bei ungerechtfertigten vorsorglichen Massnahmen

VWBES.2024.257 · so (§ 37 Abs. 2 i.V.m. § 77 VRG i.V.m. Art. 106 der Schweizerischen Zivilprozessordnung (ZPO, SR 272))

Petitioners v. Municipality Regarding Unreasonable Delay in Building Permit Decision

Basis for ordering the losing party (the municipality) to bear the costs and pay party compensation.

VV180001 · zh (Art. 37 Abs. 2 ZPO)

Tenancy Extension Withdrawal Renders Transfer Moot

Although not explicitly cited in the operative part, the decision to dismiss the case due to loss of subject matter is based on the principle derived from the procedural context where a withdrawal makes further action unnecessary.

C/27038/2015 · ge (art. 95 al. 2, 104 al. 1 et 105 al. 1 CPC; art. 5, 13, 26 et 37 CPC)

Appeal Struck as Moot Following Revocation of Provisional Asset Freezing Order

Used to set the amount of judicial costs for the appeal procedure.

AbR.1994.95.Nr.10 · ow (Art. 37 Abs. 1 ZPO)

Unemployment Fund's Right to Recover Benefits from Employer Upheld

This provision, concerning active and passive joinder of parties, was used to determine that a claim based on legal subrogation does not necessarily need to be directed against both parties of the original lawsuit if material law does not mandate it.

AbR.2000.01.Nr.18 · ow (Art. 37 ZPO)

Inheritance Division: Appeals, Costs, and Court Fees

Cited in the context of party costs, though its direct application in the dispositive orders is not explicit.

AZ.2009.18 · bs (§ 37 Abs. 1 Ziff. 3 ZPO BS)

Traffic Accident Liability and Psychological Damages Causation Assessment

Cited in the reasoning regarding the application of the principle of finality (Eventualmaxime) for facts supporting the claim, which is relevant to the overall context of the appeal judgment.

Pron.2010.119 · vd (Art. 37 CPC)

Tenant Eviction Enforcement Appeal Dismissed for Untimeliness

Cited in the reasoning regarding the possibility of restitution of the deadline, which the court implicitly rejected by declaring inadmissibility.

Pdt.TC.2010.39 · vd (Art. 37 al. 1 CPC)

Appeal Dismissed for Untimely Filing in Paternity Cost Dispute

This procedural article, cited in the summary and used in the reasoning to deny the restitution of the missed deadline, justifies the final order declaring the appeal inadmissible.

Pdt.TC.2010.39 · vd (art. 37 CPC)

Appeal Dismissed for Untimely Filing in Paternity Cost Dispute

The court applied this article to assess the request for restitution of the lapsed appeal deadline, finding that the reasons provided did not constitute force majeure.

HC.2010.488 · vd (Art. 37 CPC)

Default Judgment Relief Denied for Untimely Security Deposit Payment

Cited in the reasoning concerning the failure to meet the conditions for reinstatement of a deadline due to force majeure, which supported the final rejection.

KSK 2010 47 · gr (Art. 37 Abs. 2 ZPO)

Creditor's Right to Incidental Enforceability Declaration of German Notarial Document in Legal Authorization Proceedings

Used as a basis for allocating the appeal costs and compensation due to the flawed conduct of the lower court.

Pron.2010.80 · vd (Art. 37 al. 1 CPC)

Inadmissible Appeal Due to Missed Statutory Deadline

Mentioned in the reasoning concerning the potential restoration of the time limit if force majeure was established, but the court ultimately ruled against restoration.

ZK2 2010 26 · gr (Art. 37 Abs. 1 ZPO)

Plaintiff's Right to Be Heard Violated in Cost Assessment After Lawsuit Withdrawal

This article on the general rule for bearing court costs was discussed in relation to the cost decision in the final orders (Point 2).

Pron.2010.36 · vd (Art. 37 al. 1 CPC)

Lessee's Appeal of Eviction Inadmissible Due to Untimely Filing

Cited in the reasoning to discuss the requirements for the restitution of a missed deadline, which were ultimately rejected.

Pron.2010.25 · vd (Art. 37 al. 1 CPC)

Tenant Appeal Late Filing Inadmissible

This provision concerning the conditions for restitution of a missed deadline was discussed when assessing the appellant's arguments.