Facts
CSS Computer System Supplies AG (CSS Glarus) filed a lawsuit against Feller AG with the Commercial Court of the Canton of Zurich for damages due to a breach of an exclusive representation contract. Through a court settlement dated April 14, 1978, the parties agreed that Feller AG was obliged to pay CHF 48,000.- to CSS Glarus. The claim of CSS Glarus was later reduced to CHF 37,390.50 through the assignment of a partial amount.
On April 20, 1978, the bankruptcy administration of CCS Computer Consulting Services GmbH in Ascona (CCS Ascona) informed the parties that any credit balance of CSS Glarus would be claimed by the bankruptcy estate. As the parties could not reach an agreement, Feller AG requested the judge on August 16, 1978 to allow it to deposit the still owed amount of CHF 37,390.50 in accordance with Art. 168 para. 1 CO.
The President of the Civil Court of Glarus granted the request and determined that the disputed amount had already been deposited with the Cantonal Bank of Glarus. CSS Glarus filed an appeal against nullity, which was rejected by the High Court of the Canton of Glarus on November 27, 1978.
CSS Glarus has filed a constitutional appeal against the order of the President of the Civil Court and the decision of the High Court, requesting that they be revoked due to a violation of Art. 4, 22ter and 61 of the Federal Constitution and that Feller AG be denied the deposit of the amount.
Considerations
The Federal Supreme Court states that CSS Glarus has a legitimate interest in the decision on the legality of the deposit, as the claimant proceedings of the bankruptcy estate of CCS Ascona are based on this deposit order.
The Federal Supreme Court clarifies that according to Art. 168 CO, the debtor can be released by judicial deposit if it is disputed to whom the claim belongs. The Federal Supreme Court…