Question juridique clé
Whether Swiss courts could order spousal information/document production under Art. 10 LDIP despite pending foreign divorce proceedings
Solution extraite
Swiss courts could not rely on Art. 10 LDIP because the requested measures were neither shown to be necessary nor urgent; the wife could pursue them before the French divorce court.
Motifs extraits
Art. 10 LDIP applies only exceptionally to urgent, necessary provisional measures. The record did not show that the wife could not obtain the information from the French divorce judge, who was primarily competent and could use foreign evidence-gathering mechanisms. The divorce had been pending since 2003, so urgency was not established.