Facts

On 26 September 1974, the joint-stock company Service de l'emploi S.A. notified B. of a payment order for the amounts of CHF 50,000 and CHF 5,000. The debtor opposed the amount of CHF 5,000. The creditor requested the continuation of the debt collection proceedings for the uncontested amount (CHF 50,000) on 21 October 1974. After sending a notice of seizure on 21 November, the Debt Collection Office of Geneva carried out a seizure of movable property on 27 November and a seizure of immovable property on 3 December. On 4 March 1975, the Office sent a new supplemented seizure report, mentioning several other creditors. On 13 March 1975, Service de l'emploi S.A. filed a complaint with the Supervisory Authority of the Canton of Geneva, concluding in particular to the exclusion of certain seizing creditors from the seizure. The cantonal authority dismissed the complaint, and Service de l'emploi S.A. appealed against this decision to the DFC.

Considerations

1. The DFC dismisses the appellant's arguments regarding the application of Art. 281 DEBA and the case law confirmed by Circular No. 27. Art. 281 DEBA aims to allow the seizing creditor to participate in the seizure on a provisional basis outside the normal 30-day deadline (Art. 110 para. 1 DEBA). When the seizing creditor is able to request the continuation of the debt collection proceedings within this 30-day period, the special provision of Art. 281 DEBA no longer applies. In the present case, the seizure requests of the seizing creditors were made within the 30-day period, i.e. in a timely manner.

2. The DFC also dismisses the appellant's argument regarding the non-compliance…