Swiss Civil Procedure Code
(Civil Procedure Code, CPC)

¹ A party may re­quest the court that has de­cided as fi­nal in­stance to re­view the fi­nal de­cision if:

a.²⁶¹

the party des­pite ex­er­cising due di­li­gence sub­sequently dis­cov­ers sig­ni­fic­ant facts or de­cis­ive evid­ence that could not have been sub­mit­ted in the earli­er pro­ceed­ings, ex­clud­ing facts and evid­ence that arose after the de­cision;

b.

crim­in­al pro­ceed­ings have es­tab­lished that the de­cision was in­flu­enced to the det­ri­ment of the party con­cerned by a felony or mis­de­mean­our, even if no one has been con­victed by the crim­in­al court; if crim­in­al pro­ceed­ings are not pos­sible, proof may be provided in some oth­er man­ner;

c.²⁶²

it is claimed that the ac­cept­ance, with­draw­al or set­tle­ment of the claim is in­val­id be­cause of form­al or sub­stant­ive de­fi­cien­cies;

d.²⁶³

the party only dis­cov­ers a reas­on for re­cus­al after the pro­ceed­ings have been con­cluded and no oth­er leg­al rem­edy is avail­able.

² A re­view on the grounds of a vi­ol­a­tion of the European Con­ven­tion on Hu­man Rights of 4 Novem­ber 1950²⁶⁴ (ECHR) may be re­ques­ted if:

a.²⁶⁵

the European Court of Hu­man Rights has de­term­ined in a fi­nal judg­ment (Art. 44 ECHR) that the ECHR or its pro­to­cols have been vi­ol­ated, or the case has been con­cluded by means of a friendly set­tle­ment (Art. 39 ECHR);

b.

com­pens­a­tion is not an ap­pro­pri­ate rem­edy for the ef­fects of the vi­ol­a­tion; and

c.

the re­view is ne­ces­sary to rem­edy the vi­ol­a­tion.