Facts
On January 25, 1991, the Debt Collection Office of Geneva seized a claim of 70,165 francs against J.-C. B. This amount was paid to the Office on February 7, 1991. On October 8, 1991, J.-C. B. filed a complaint with the supervisory authority, on the grounds that no payment had been made to his creditors, and he requested that the office pay him interest on the amount received. The Supervisory Authority ordered the office to distribute the 70,165 francs without delay, but did not grant any interest to J.-C. B.Considerations
The Federal Tribunal considered that the silence of the operative part of the decision of the supervisory authority on the issue of interest did not constitute an obvious inadvertence that could be corrected ex officio under Art. 63 para. 2 OJ. Although the cantonal authority had found a violation by the office of Art. 9 LP, which requires the consignment of sums not used by the office within three days, it was not competent to grant interest to the appellant.
Indeed, the case law distinguishes claims based on the right of enforcement from those based on the liability of the office's employees and officials due to the damage caused by fault. When the issue is not to rectify the course of an enforcement, but to compensate for…