Question juridique clé
Whether the landlord's notice of termination was protected by the three-year anti-retaliatory eviction rule of Art. 271a(1)(e) CO.
Solution extraite
The notice was issued within the protected period and the landlord had lost an important part of the earlier litigation, so the termination was challengeable as abusive.
Motifs extraits
The earlier dispute centered on whether a lease existed at all; the landlord lost on that core issue. Under Art. 271a(1)(e) CO, the landlord need only have lost an objectively significant part of the case, not necessarily the majority of claims. The later alleged urgent need and alleged important reason did not justify the termination.