Civil Procedure Code (CPC)

Art. 328CPC from 2021

Art. 328 Grounds for review

¹ A party may request the court that has decided as final instance to review the final decision if:

a.

the party subsequently discovers significant facts or decisive evidence that could not have been submitted in the earlier proceedings, excluding facts and evidence that arose after the decision;

b.

criminal proceedings have established that the decision was influenced to the detriment of the party concerned by a felony or misdemeanour, even if no one has been convicted by the criminal court; if criminal proceedings are not possible, proof may be provided in some other manner;

c.

it is claimed that the acceptance, withdrawal or settlement of the claim is invalid.

² A review on the grounds of a violation of the European Convention on Human Rights of 4 November 1950¹ (ECHR) may be requested if:

a.

the European Court of Human Rights has determined in a final judgment that the ECHR or its protocols have been violated;

b.

compensation is not an appropriate remedy for the effects of the violation; and

c.

the review is necessary to remedy the violation.

¹ SR 0.101