Kernrechtsfrage
Whether Art. 21 LugÜ required a stay because the German action and the Swiss summary procedure concerned the same claim between the same parties.
Extrahierter Entscheid
No. The summary procedure for authorizing objection in bill-of-exchange enforcement and the ordinary German claim action are not proceedings concerning the same claim, and Art. 21 LugÜ did not apply.
Extrahierte Begründung
The Swiss procedure is a narrowly confined summary review limited to statutory grounds for granting or refusing objection; the German action concerns the underlying contractual rights and obligations in an ordinary action. Because the subject-matter differs, there is no lis pendens. The court also rejected a connection under Art. 22 LugÜ.