Question juridique clé
Whether Swiss courts had territorial jurisdiction under the applicable private international law rules
Solution extraite
The Lugano Convention did not apply because only the plaintiff was domiciled in a contracting state; jurisdiction followed LDIP and Swiss law, making Valais courts competent.
Motifs extraits
The entrepreneur’s establishment was in Valais and, under Art. 74 CO and Art. 113 LDIP, the place of performance for the money debt was the creditor’s domicile in Valais; the real-property lien claim was also tied to the immovable in Valais.