Civil procedure within the meaning of the canton of Vaud

By an order of a court of first instance in the canton of Vaud from 04/29/2014, a defendant/counterclaim plaintiff in civil proceedings was instructed to revise the submitted complaint of "allégués distincts" (consecutively numbered one-statements of fact). The motivation for this request is the intention to preserve the customary practises in the Romandie region before the introduction of the new system of the Swiss Civil Procedure Code (2011). The injunction violates federal law, particularly the rights of the defendant/counterclaim plaintiff to be heard. Steinegger Rechtsanwälte will appeal further and lodge a complaint to the High Court of the canton of Vaud (TC VD).
Pursuant to the CPC-CH "the facts are to be presented as precisely and as detailed as necessary in order to enable the opposing party to respond thereto, enable legal subsumption and enable the consideration of the relevant facts as evidence..." (Annette Dolge, President of the High Court of the canton of Schaffhausen, in: plädoyer 1/14, 37).
The complaint filed by the defendant/counterclaim plaintiff meets the formal requirements pursuant to the Swiss Civil Procedure Code.

The High Court of Appeal of the Canton of Vaud has dismissed the complaint filed on 24.07./06.08.2014 against the order from 29.04.2014. By way of justification, the court merely referred to the lower court's reasoning. As a result of the final settlement, this verdict could not be taken further to be heard before the Federal Supreme Court.