Facts
On November 21, 2007, the Debt Collection Office A. carried out a seizure in two debt collection proceedings against X. (the complainant) for claims totaling CHF 19,896.25 plus interest and costs. It ordered an income seizure for the amount exceeding the subsistence minimum of CHF 4,104.10 or (with a reduction in housing costs) from April 1, 2008, CHF 3,591.10. The complainant's income consisted not only of an AHV pension of CHF 339 each and supplementary benefits of CHF 1,392, but also an old-age pension from Austria within the meaning of § 130 of the Industrial Social Insurance Act in the amount of CHF 2,413.65 (EUR 1,466.37) per month.
The complainant filed a complaint and asserted the non-seizability of his Austrian old-age pension. The Judicial Commission dismissed the complaint. The complainant appealed the matter to the Federal Supreme Court.
Considerations
The Federal Supreme Court states that according to Art. 92 para. 1 no. 9a DEBA, only the pensions and benefits expressly listed there are non-seizeable, which include the benefits of the 1st pillar (AHV/IV/EL) and the benefits of the family allowance funds. However, old-age pensions from a foreign insurance institution are subject to limited seizability according to Art. 93 DEBA, i.e., to the extent that they are not absolutely necessary for the debtor and his family according to the discretion of the debt collection officer.
The Federal Supreme Court sees no violation of the principle of equality before the law under Art. 8 para. 1 of the Federal Constitution, as the complainant is not discriminated against on the basis of a personal criterion such as his nationality. The prohibition of discrimination under Art. 8 para. 2 of the Federal Constitution is also not violated, as the…