Questão jurídica principal
Whether the appellant had procedural capacity and standing to pursue the state-liability claim after the Russian bankruptcy decree.
Decisão extraída
The claim could not be pursued by the appellant in Switzerland without prior recognition of the foreign bankruptcy decree under Art. 166 ff. PILA; the appellant therefore lacked procedural standing in this proceeding.
Fundamentação extraída
The foreign bankruptcy deprived the Russian company of disposal power over its assets and thus removed its capacity to conduct the litigation. In Switzerland, such foreign bankruptcy effects require prior recognition; until then, no immediate party substitution can take place and the court cannot decide the recognition incidentally.