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Art. 65 Codice di diritto processuale civile svizzero (CPC) - Effetti della desistenza
CPC; Parte prima: Disposizioni generali; Titolo quarto: Pendenza della causa ed effetti della desistenza
Art. 65 CPC · Effetti della desistenza
La parte che desiste davanti al giudice competente non può avviare contro la controparte un nuovo processo inerente allo stesso oggetto litigioso se il giudice adito ha già notificato la petizione al convenuto e questi non acconsente al ritiro dell’azione.
Decisioni giudiziarie che applicano questa disposizione (183)
ZK 2013 56 · be (Art. 65 ZPO)
Res Judicata Effect of Lapsed Temporary Injunction on New Provisional Relief Application
Cited in the reasoning concerning the effect of withdrawing the action after service upon the defendant (leading to res judicata).
VB.2005.00533 · zh (§ 65 Abs. I ZPO)
Costs Allocation in Mooted Air Hygiene Permit Appeal
Cited as the basis for the court's discretionary decision regarding costs when the procedure becomes moot.
VB.2003.00053 · zh (§ 65 lit. I ZPO)
Residence Permit Appeal Dismissed as Moot: Cost Allocation and Compensation Review
This procedural rule was applied in the court's final orders regarding costs.
VB.2005.00533 · zh (§ 65 Abs. 1 ZPO)
Air Hygiene Permit Appeal Costs in Moot Proceeding
Analog applied by the Administrative Court to decide on costs when the matter became moot, allowing the court to decide according to its discretion.
A/126/2025 · ge (art. 65 CPC)
Insurer v. Policyholder: Recovery of Mistakenly Paid Disability Benefits
The court noted that the requesting party can withdraw its claim at any time, which is the basis for order 1.
ZKBES.2025.234 · so (Art. 65 Abs. 1 ZPO)
Appealability of Procedural Order Rejecting Late Submission
This provision determines the imposition of court costs on the unsuccessful party.
A/285/2025 · ge (art. 65 du code de procédure civile du 19 décembre 2008 (CPC))
Claimant Withdraws Payment Claim Upon Settlement; Proceedings Discontinued.
Cited implicitly in the reasoning leading to order 1, as the withdrawal of the claim is based on this provision.
AC/1174/2025 · ge (art. 65 CPC)
Corporate Entity's Renewed Application for Legal Aid Denied in Suit Against Former Counsel
The court referenced this article in its reasoning regarding the impact of the prior withdrawal of the action on the success chances of the current claim.
A/1014/2024 · ge (art. 65 du code de procédure civile du 19 décembre 2008 (CPC))
Claim Withdrawal and Costs in Insurance Payment Dispute
Cited as the basis allowing the claimant to withdraw their action.
MH250004.L · zh (Art. 65 ZPO)
Improper Procedure for Lease Termination Claim and Permitted Withdrawal
This provision is cited in the reasoning concerning the general effect of withdrawing a pending action (though the ruling relies on Art. 63 for the exception).
MH250001.Z3 · zh (Art. 65 ZPO)
Tenancy Court Jurisdiction for Post-2025 Lawsuits and Third-Party Claims
Cited as the relevant point for establishing lis pendens under the transitional provision.
C1 24 177 · vs (Art. 65 ZPO)
Architecture Contract Dispute: Fees, Damages, and Inadmissible New Evidence on Appeal
Cited in the reasoning in connection with Art. 241 ZPO regarding the consequence of withdrawing claims that have been properly litigated.
CC 2024 66 · ju (Art. 65 et 241 CPC)
Settlement Agreement Covers All Claims Arising from Disability Incident
Used to declare the new claim admissible because its object was different from the previous one.
ZVE.2023.31 · ag (Art. 65 ZPO)
Tennis Lessons as Consumer Contract Invalidates Prior Jurisdiction Agreement
This provision governed the consequences of the plaintiff withdrawing the action without the defendant's consent after the defendant had submitted to the court's jurisdiction.
MJ230080 · zh (Art. 65 ZPO)
Tenant Water Damage Suit for Rent Reduction and Damages
Cited in the reasoning regarding the equivalence of claim limitation to partial withdrawal, relevant for cost allocation in order no. 6.