Dismissal of the foreign bankruptcy trustee's claim for the release of the proceeds from the sale of a property in Switzerland

Facts

The appellant, a German bankruptcy trustee, sued the respondent for the release of the proceeds from the sale of a property in St. Moritz, Switzerland. The property was originally owned by the debtor's wife, the respondent. The bankruptcy trustee had reached an agreement with the respondent to reintegrate the property into the bankruptcy estate. However, the respondent later sold the property herself and retained the proceeds.

The High Court of the Canton of Zurich did not enter into the bankruptcy trustee's claim, as it was a proceeding for the enforcement of a bankruptcy-related agreement, which falls under the exclusion clause of the Lugano Convention for bankruptcy proceedings. Therefore, only the provisions of the Federal Act on Private International Law (PILA) were applicable.

Considerations

The Federal Supreme Court confirmed the decision of the High Court. It stated that the foreign bankruptcy trustee is only entitled to act in Switzerland if he has previously had the foreign bankruptcy proceedings…