Key legal question
Whether the notice of 18 July 2007 was voidable under Art. 271a para. 1 let. d or e CO because it was served during or shortly after conciliation proceedings.
Extracted holding
Yes. The conciliation proceedings concerning the lease fell within Art. 271a para. 1 let. d/e CO, and the notice was therefore voidable regardless of whether the withdrawal of the request occurred before or after the notice.
Extracted reasoning
The commission was seized with a lease-related conciliation request intended to obtain an enforceable title. Such a proceeding qualifies as a conciliation proceeding in connection with the lease. If the request was withdrawn after the notice, let. d applies; if before, the three-year protection period of let. e applies.