Questione giuridica chiave
Whether Swiss courts had jurisdiction under the applicable conflict rules for the payment claim and the lien claim
Decisione estratta
The Swiss/Valais courts were competent: the debt was payable at the creditor's domicile in Valais, and the lien claim concerned an immovable situated in Valais.
Motivazione estratta
The Lugano Convention did not apply because only the claimant was domiciled in a Contracting State; LDIP applied. Under Swiss conflict rules, the contract was governed by Swiss law and the place of performance of the monetary obligation was the creditor's domicile. The artisans' lien is a real security right over an immovable, so the situs court had exclusive jurisdiction.