Facts
In the debt enforcement proceedings against Franz Michel in Winterthur, the Debt Collection Office Zurich 11, on behalf of the Debt Collection Office Winterthur I, seized objects located in premises in Zurich. Michel filed objections to the seizure of certain items with the supervisory authority for the district of Winterthur. However, this authority did not consider the objections, as they should have been filed with the supervisory authority for the district of Zurich.
Michel appealed the decision of the cantonal supervisory authority to the Federal Supreme Court, requesting that he be granted a 10-day deadline to resubmit the objection to the competent supervisory authority or that the objection be transferred to the competent authority ex officio.
Considerations
The Federal Supreme Court decided as follows
1. Jurisdiction of the Supervisory Authority Objections to a seizure carried out by the debt collection office of the place where the objects are located, at the request of another debt collection office, must be filed with the supervisory authority to which the requested office is subject.
2. Applicability of Art. 139 CO The provision of Art. 139 CO on the statute of limitations does not apply accordingly to appeal deadlines such as the objection deadline under Art. 17 para. 2 DEBA.
3. Restoration of the Objection Deadline The question of whether a restoration…