Seizure of a real estate property partially acquired with occupational pension funds

Facts

In February 1997, N. was subject to a first seizure concerning his condominium. On April 17, 1997, N. and the Collective Foundation LPP X. requested the registration in the land register of the mention provided for in Art. 30e LPP (restriction of the right of alienation). On July 7, 1997, a second seizure was carried out on the condominium. N. then filed a complaint against the seizure, invoking the violation of Art. 92 para. 1 no. 10 DEBA.

The Enforcement and Bankruptcy Court of the Vaud Cantonal Tribunal dismissed the appeal. N. then appealed to the Enforcement and Bankruptcy Chamber of the Federal Tribunal, requesting that his condominium be declared non-seizable and that the seizure minutes be annulled.

Considerations

The Enforcement and Bankruptcy Chamber dismissed the appeal. It considered that the restriction of the right of alienation provided for in Art. 30e LPP, although subsequent to the first seizure, had to be taken into account by the cantonal supervisory authorities, regardless of its registration in the land register. However, it considered that the real estate property acquired through the early withdrawal of pension assets was not non-seizable within the meaning of Art. 92 para. 1 no. 10 DEBA.

Indeed, when the conditions for the payment of a vested benefits transfer are met, it becomes seizable. The restriction of the right of alienation and the obligation to repay in the event of a sale do not mean that the early withdrawal retains its "occupational pension qualification". These measures are solely intended to…