Facts
By judgment of December 1, 1967, the Commercial Court of La Rochelle declared the bankruptcy of the French national Robert Jean Frédéric. At the request of the two bankruptcy administrators M. Rambour and R. Courret in La Rochelle, the Court of Appeal of the Canton of Bern declared this judgment enforceable on May 29, 1968. The Bankruptcy Office Bern informed the Bern lawyer of the debtor that it would comply with the request for legal assistance from the French bankruptcy administrators and apply the relevant provisions of the Federal Act on Debt Collection and Bankruptcy (SchKG).
The debtor then filed a complaint against the Bankruptcy Office Bern. The cantonal supervisory authority dismissed the complaint, whereupon the debtor filed an appeal to the Federal Supreme Court.
Considerations
The Federal Supreme Court dismissed the appeal. It stated that the Jurisdiction Agreement with France of June 15, 1869 comprehensively establishes the principle of the unity and universality of bankruptcy. The declaration of enforceability of a French bankruptcy judgment in a canton is therefore valid for the whole of Switzerland.
The Federal Supreme Court emphasized that the French bankruptcy administrators cannot take enforcement measures in Switzerland themselves, but may request legal assistance from the competent Swiss authorities. These are obliged to provide this legal assistance under the Jurisdiction Agreement and apply Swiss law in doing so.
The Federal Supreme…