Facts
The case concerns an enforcement request by A.F. against H.-M.T., residing in Berlin, for the attachment of H.-M.T.'s share of the liquidation proceeds of a property located in Niederuzwil. The Debt Collection Office Uzwil rejected the enforcement for lack of local jurisdiction.
A.F. filed a complaint against this decision, first unsuccessfully with the cantonal supervisory authorities and then with the Debt Collection and Bankruptcy Chamber of the Federal Supreme Court.
Considerations
The Federal Supreme Court confirmed the rejection of the enforcement by the Debt Collection Office Uzwil. According to the case law of the Federal Supreme Court, the share of a debtor residing abroad in jointly owned property located abroad cannot be attached or seized in Switzerland, even if a property belonging to the joint assets is located in Switzerland.
The Lugano Convention regulates the jurisdiction for enforcement proceedings, but does not contain any provisions on the conditions under which enforcement can be carried out in a Contracting State. For this, Swiss law as the lex fori is decisive.
Even if real estate is part of the joint assets, the location of…