Details

Suiza - Autoridad central e información práctica

Central Authority(ies):

In Switzerland, the cantons are responsible for receiving and processing foreign applications.
In accordance with Article 21, first paragraph (a), Switzerland designates the cantonal authorities as Central Authorities as referred to in Articles 2 and 18 of the Convention.

Cantonal Central Authorities
The list of Central Cantonal Authorities including their addresses and phone/fax numbers can be consulted online.
To determine the Central Authority competent by reason of its location, the database of the Swiss localities and Courts can be consulted online at the following address: https://www.elorge.admin.ch/elorge/.

Requests for the service of documents may also be addressed to the Federal Department of Justice and Police, Federal Office of Justice in Berne (Federal Central Authority, International Legal Assistance Division, https://www.rhf.admin.ch/fr/autorites-droit-civil), which will forward them to the appropriate Central Authority. It is always better to send requests directly to the cantons, as going through the Federal Office of Justice only leads to delays.

 

Practical Information:
(The following information was provided by the relevant State authorities or was obtained from the replies to the 2003, 2008 and/or 2013 Service Convention Questionnaires)
Forwarding authorities
(Art. 3(1)):		 https://www.rhf.admin.ch/de/behoerden-zivilrecht
Methods of service
(Art. 5(1)(2)):

 

According to Article 138 of the Code of Civil Procedure, summons, orders and decisions are served by certified mail or by another method against confirmation of receipt. The document is deemed to have been served when it has been delivered to the addressee, to one of the addressee’s employees, or to a person at least sixteen years of age living in the same household. This is without prejudice to an order issued by the court to serve the document personally on the recipient.

Service will in general be done as a “judicial document” (Acte Judiciaire, AJ). AJs may also be sent with the requirement “Delivered by Hand to the addressee”

In practice, service “by other means against acknowledgment of receipt” may be carried out by a bailiff, a police officer, or by summoning the addressee to pick up the documents at the court clerk’s office. If the addressee fails to appear, the police may be tasked with service.

As a general rule, Central Authorities serve documents in accordance with the rules of civil procedure, namely in a formal manner, whether under Article 5(1)(a) or Article 5(2). If the request is not accompanied by a translation and the recipient refuses to accept service, the Central Authority or the competent cantonal court will note this on the certificate and inform the requesting State that service must be effected in accordance with Article 5(1) (i.e., formally within the meaning of the Hague Convention of 1965); a translation will then be required (see Switzerland’s reservation).

For more information on methods of service, see "Guidelines in Civil Matters" (available in French, German, Italian and English).

 
Translation requirements
(Art. 5(3)):

Switzerland declares that in cases where the addressee does not voluntarily accept a document, it cannot officially be served on him or her in accordance with Article 5(1), unless it is in the language of the authority addressed, i.e. in German, French or Italian, or accompanied by a translation into one of these languages, depending on the part of Switzerland in which the document is to be served (the official languages of every canton are mentioned on the list of Cantonal Central Authorities).

Click here to read all the declarations and reservations made by Switzerland under this Convention.
Costs relating to execution of the request for service
(Art. 12):

The costs incurred in connection with service of documents are, as a general rule, borne by the Swiss authorities. Service of documents is free of charge whenever no specific form is required (i.e., whenever service is effected in accordance with the procedure set forth in the Code of Civil Procedure). Article 12(2)(b) is applied only when the requesting authority has made specific requests that have resulted in costs. The amounts claimed correspond to the costs incurred. No distinction is made based on the State of origin.
Time for execution of request: It takes between 2 weeks and 2 months for Swiss authorities to process requests.
Oppositions and declarations
(Art. 21(2)):

Click here to read all the declarations and reservations made by Switzerland under this Convention.
Art. 8(2): Opposition
Art. 10(a): Opposition
Art. 10(b): Opposition
Art. 10(c): Opposition
Art. 15(2): No declaration of applicability
Art. 16(3): No declaration of applicability

Derogatory channels (bilateral or multilateral agreements or internal law permitting other transmission channels)
(Arts. 11, 19, 24 and 25)

Disclaimer:
Information may not be complete or fully updated – please contact the relevant authorities to verify this information.

To consult bilateral and multilateral treaties to which Switzerland is a party, see: Recueil systématique du droit fédéral.
Useful links: International judicial assistance in civil matters - Guidelines
Country profiles for international judicial assistance

This page was last updated on:

Convenios (incl. los Protocolos y Principios)