Facts
P. GmbH, as the landlord of business premises, had retained the tenant's property for outstanding rent and initiated debt collection proceedings. However, before the realization, the tenant was declared bankrupt. The bankruptcy administration recognized some third-party ownership claims and excluded the corresponding retained items. The debt collection office rejected P. GmbH's request to initiate the objection procedure regarding the excluded retained items, as the landlord's right of retention cannot be equated with a pledge by a third party, which would prevent the termination of the debt collection proceedings under Art. 206 para. 1 sentence 2 DEBA.Considerations
The Federal Court confirmed the decision of the lower courts. The landlord's right of retention of business premises is considered a pledge under debt collection law, but it cannot be equated with a pledge by a third party, which would prevent the termination of the debt collection proceedings under Art. 206 para. 1 sentence 2 DEBA. Since in the present case a retention of title was asserted for the retained items, this does not constitute a pledge by a third party.…