Questione giuridica chiave
Whether Swiss courts had jurisdiction under the necessity forum of Art. 3 LDIP.
Decisione estratta
No. The alleged acts and all decisive circumstances were centered in Tunisia, so the cause lacked a sufficient nexus with Switzerland.
Motivazione estratta
Art. 3 LDIP is a restrictive safety valve against denial of justice and requires a sufficient connection between the cause itself and Switzerland, not merely the plaintiff's later residence in Switzerland. The cause here was foreign in all material respects.