270.1
EGZPOLACPC
CH-VS
CH-VS
Art. 5 Act implementing the Swiss Civil Procedure Code (LACPC) - Cantonal Court
Jurisdiction of Authorities Appointed for Civil Matters
Art. 5 EGZPO - Cantonal Court · Cantonal Court
1. The Cantonal Court adjudicates
a) as the sole cantonal instance in civil matters pursuant to Articles 5, 7, or 8 of the Swiss Code of Civil Procedure;
b) as the appellate instance for appeals and complaints as provided in Title 9 of Part Two of the Swiss Code of Civil Procedure.
2. In matters assigned to the Cantonal Court, a single cantonal judge is competent to
a) investigate the matters provided for in Article 5, paragraph 1 of the present law;
b) decide on a request for interim measures or for the authorization of expedited enforcement, or to suspend enforceability;
c) decide on the appeal or the complaint if the simplified or summary procedure was applicable at first instance; however, the designated judge may assign the case to a court.
3. Additionally, the Cantonal Court decides in arbitration matters in the cases provided for in Article 356, paragraph 1 of the Swiss Code of Civil Procedure.
Court Decisions Applying This Provision (49)
TCVS C1 16 238 · vs (Art. 5 al. 1 let. b LACPC)
Insurer Reimbursement Claim in Plane Crash Case Rejected Despite Overcoming Prescription Period
Cited in the reasoning regarding appeal admissibility, but not in the dispositive orders.
C1 23 25 · vs (art. 5 al. 2 LACPC)
Appeal Concerning Scope of Out-of-Court Settlement on Assembly Work Claims
Used to establish that a single cantonal judge was competent to rule on the appeal because the simplified procedure applied in the first instance.
C1 24 12 · vs (Art. 5 Abs. 1 lit. b EGZPO)
Appeal Dismissed for Failure to Challenge Contractual Accountability and Substantiate Data Disclosure Claims
Cited in the background reasoning to establish the admissibility of the appeal concerning the first instance decision.
C2 24 50 · vs (art. 5 al. 2 let. b LACPC)
Lessors' Request for Early Enforcement of Rent Decision Denied Amid Lessee's Appeal
This article establishes the jurisdictional competence of the single judge to rule on the request for early execution.
C3 23 47 · vs (Art. 5 Abs. 2 lit. c EGZPO i.V.m. Art. 20 Abs. 3 RPflG i.V.m. Art. 20 Abs. 1 Organisationsreglement der Walliser Gerichte)
Employee Vacation Pay and Kurzarbeit Wage Difference Appeal
Cited in the reasoning section to establish the jurisdiction of the single judge for the appeal, which is procedural background but is not explicitly cited in the dispositive orders.
C1 21 201 · vs (art. 5 al. 1 let. b LACPC)
Appeal Regarding Reimbursement of Ancillary Rental Costs Under Tenancy Law
Cited in the reasoning to establish the jurisdiction of the Cantonal Tribunal for the appeal in patrimonial matters.
C3 23 5 · vs (Art. 5 Abs. 1 lit. b und Abs. 2 lit. c EGZPO)
Municipality v. Company: Enforcement of Unpaid Visitor's Tax Following Annulment of Tax Regulation
Cited in connection with the competence of a single judge.
C1 22 288 · vs (Art. 5 al. 2 let. b et c LACPC par analogie)
Hague Convention Return Denied Due to Mature Child's Opposition to Allegedly Abusive Parent
Cited in the reasoning to justify the single-judge procedure.
C1 21 113 · vs (art. 5 al. 1 let. b LACPC)
Property Owner v. Co-Owners Regarding Wastewater Pipe Modification
Cited in the reasoning regarding the admissibility of the appeal, but not in the final operative orders.
C1 21 113 · vs (art. 5 al. 2 let. c LACPC)
Property Owner v. Co-Owners Regarding Wastewater Pipe Modification
Cited in the reasoning regarding the composition of the court (single judge), but not in the final operative orders.
C1 22 27 · vs (art. 5 al. 2 let. c LACPC/VS)
Partial Claim Admissibility in Employment Dismissal Dispute
Used to determine the competent appellate judge (a single judge) for the admissible appeal point.
C1 20 284 · vs (art. 5 al. 1 let. b LACPC)
Insurance Coverage for Temporarily Stored Jewelry in Secondary Residence
Cited in the reasoning to confirm that an appeal was open based on the value in dispute.
C1 20 284 · vs (art. 5 al. 2 let. c LACPC)
Insurance Coverage for Temporarily Stored Jewelry in Secondary Residence
Cited in the reasoning concerning the competence of a single judge for the appeal, given the simplified procedure in the first instance.
C3 22 39 · vs (Art. 5 Abs. 1 lit. b EGZPO)
Right of Way Claim Dismissed for Lack of Standing and Necessary Parties
Cited in the reasoning to establish the competence of the Cantonal Court as an appellate instance for complaints under Title 9 of the CPC.
C1 22 39 · vs (art. 5 al. 1 let. b LACPC)
Tenant Eviction Appeal Following Property Sale for Unpaid Rent
Cited in the reasoning to establish that the decision in question was subject to appeal to the Cantonal Tribunal.