III. The Swiss Solution
The discussion on the liability for breach of trust in groups of companies was launched…
The facts: An affiliated company of the Swissair-group emphasized in its advertising the fact that it was part of the Swissair-group. On its stationary and in advertising material, it used the signature and the logo of Swissair (i.e. the Swiss flag). In addition, the company made inter alia the…
“We are a company of the Swissair-Group. … Wherever our company name appears, Swissair stays below and behind. Our company is legally independent, but is working based on the same principles as our mother company. It is obvious that this has consequences concerning our internationality, hospitality, care and reliability.”…
Based on these statements, the plaintiff made certain decisions, which led to a…
The Swiss Federal Court came to the conclusion that a liability based on contract
The reaction of the Swiss doctrine to the Swissair-decision was violent.…
Those few were right, because the Swiss Federal Court had soon the opportunity to…
The Swiss Federal Court clarified another point: There is no room for a liability…
The Swiss Federal Court went even further and stated that a liability based on trust…
So far, it can be noticed that the jurisdiction of the Swiss Federal Court has since…
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