Facts
The present case concerns an appeal filed by company G. SA against a decision of the cantonal court rejecting a complaint against the rejection of an enforcement request. The dispute concerns the determination of the debtor's domicile, which is an essential element for establishing the place of enforcement.
The essential facts established by the cantonal court are as follows: the debtor chairs the board of directors of company X. SA in Epalinges, where he regularly attends; he is listed in the telephone directory at the address on Route de Y. in S., in the municipality of X., and he owns properties in the Lavaux district; he is closely related to members of his family, some of whom are domiciled in the Lavaux district; according to the official documents produced (Italian passport, certificate of domicile, Spanish driver's license and vehicle registration), he has been domiciled in Tarragona (Spain) since at least 1991.
Considerations
The cantonal court accepted the existence of a domicile in Spain, mainly based on the administrative documents produced, in particular the debtor's Spanish vehicle registration and driver's license. However, the Federal Tribunal considers that these documents constitute only serious indications of the existence of the domicile, creating a simple presumption of fact that can be rebutted by contrary evidence.
In the present case, the established facts demonstrate that the debtor has made the canton of Vaud, and more particularly the Lavaux district, the center of his…