Question juridique clé
Whether the 11 September 1998 lease terminations were invalid under Art. 271a CO because of earlier proceedings
Solution extraite
The tenants could not invoke the protection of Art. 271a al. 1 let. d and e CO against the later notices; the earlier 1997 notices had been set aside for a procedural defect, so the landlord was allowed to repeat the termination.
Motifs extraits
A termination annulled for lack of standing is a procedural outcome, not a merits judgment. A landlord may repeat a formally defective termination during the proceedings or within three years thereafter.