Facts
The appellant [X.] filed a complaint against the decision of the Court of Appeal of the Canton of Basel-Stadt, which had confirmed his complaint against the rejection of his request for restoration. The President of the Civil Court of Basel-Stadt had granted [Z.], the former wife of the appellant, the definitive writ of enforcement on September 10, 2012. The appellant had failed to attend the main hearing without excuse. He later requested the justification of the decision, which the Civil Court rejected as late. The Federal Supreme Court quashes the decision of the lower instance and instructs the Civil Court to justify the writ of enforcement decision of September 10, 2012 and to formally serve it on the appellant.
Considerations
The Federal Supreme Court states that the writ of enforcement decision could not be communicated to the appellant at the main hearing, as he had failed to attend the hearing without excuse. Communicating the operative part to an absent party is not provided for in the Code of Civil Procedure. The decision should therefore have been served…