Facts
On 24 September 1980, the company Interbras Cayman Company obtained from the President of the District Court of Geneva an authorization for attachment to the detriment of the company Jassica S.A. for a claim of twenty-nine million francs. The measure was to be executed with twelve banks and commercial companies established in Geneva and affected the assets, claims and other holdings registered in the name of the debtor Jassica S.A. or in the name of fifteen other third-party companies.
The debtor and the third-party companies filed a complaint against the execution of the attachment. The Supervisory Authority for Debt Collection and Bankruptcy Offices of the Canton of Geneva admitted the complaints and cancelled the execution of the attachment.
The creditor company Interbras Cayman Company appealed to the Federal Tribunal to have this decision annulled.
Considerations
The Federal Tribunal ruled that the creditor who requests an attachment on assets apparently belonging to third parties must make it plausible that these assets are in reality the property of his debtor. This requirement falls on the attachment authority, which must verify the existence of the conditions for the measure, including the debtor's ownership of the assets to be attached.
However, the office in charge of executing the attachment does not have to examine the merits of the attachment…