Facts
On 7 February 2014, X. initiated debt collection proceedings against Y. AG, asserting a claim for damages in the amount of CHF 1,392,000. On 10 February 2014, the Debt Collection Office of Bern-Mittelland issued the payment order. Y. AG then filed an objection and appealed to the Cantonal Court of Bern to have the Debt Collection Office's decision declared null and void.
The Cantonal Court upheld the appeal and declared the debt collection proceedings to be abusive. X. (the appellant) then filed a complaint with the Federal Supreme Court to have the payment order declared valid.
Considerations
The Federal Supreme Court confirmed the Cantonal Court's assessment that X. had initiated the debt collection proceedings in an abusive manner. While X.'s primary aim was to obtain damages and satisfaction from Y. AG, which would not in itself be abusive, X. had initiated settlement negotiations with Y. AG and had promised to withdraw an earlier debt collection case. However, just three days before the scheduled negotiation date, he filed a new debt collection request, which was a breach of the principle of good faith and considered abusive.
The Federal Supreme Court stated…