Questione giuridica chiave
Whether service of a foreign court summons in Switzerland could be refused under Art. 2 of the 1896/1897 civil procedure convention because it allegedly violated cantonal sovereignty and the domicile judge guarantee of Art. 59 BV.
Decisione estratta
The summons did not infringe Swiss or cantonal sovereign rights; the convention required service, and any objection to the foreign court's jurisdiction could be raised only at the enforcement stage.
Motivazione estratta
The treaty exception for refusal was to be interpreted narrowly and covered only acts endangering public order or the political/social foundations of the state. Mere service of a summons on a private person before a foreign court was not such an intrusion. Constitutional review of the treaty's compatibility was not open beyond the limits of federal competence review.