Facts
The appellant X. initiated debt collection proceedings against the heirs Y. for rent and ancillary costs. The heirs obtained a provisional release from attachment. X. then requested the conciliation authority for tenancy matters that the claim being pursued does not exist. However, the president of the district court referred the matter to the court, as actions to contest a claim must be filed directly with the court in accordance with Art. 83 para. 2 DEBA. The court of appeal did not enter into the merits of X.'s appeal. He then filed a civil law appeal with the FSCA.Considerations
The FSCA upholds the appeal. It finds that, contrary to the view of the previous instances and part of the doctrine, actions to contest a claim in tenancy disputes must in principle be filed with the conciliation authority for tenancy matters in accordance with Art. 274a et seq. CO. The conciliation procedure is also mandatory for actions to contest a claim under Art. 83 para. 2 DEBA, as it is a substantive law action that differs from a "normal" action only in the roles of the parties. The preceding provisional release from attachment procedure does not change anything, as it is a purely debt collection…