Withdrawal of debt collection proceedings leads to the loss of the interest in declaratory relief under Art. 85a DEBA

Facts

The facts can be summarized as follows

• The municipality of Unterbözberg initiated debt collection proceedings against X. with payment order No. 0 of the debt collection office Habsburg for a sewage connection fee of CHF 34,825.50.
• X. filed an objection and sued the District Court of Brugg pursuant to Art. 85a DEBA for a declaration that the debt does not exist and the debt collection proceedings should be dismissed.
• The defendant municipality withdrew the debt collection proceedings, whereupon the District Court established the withdrawal and dismissed the remainder of the claim.
• The High Court of the Canton of Aargau did not enter into the claim due to the lack of interest in declaratory relief.
• X. then filed a constitutional appeal against the High Court's decision.

Considerations

The Federal Supreme Court did not enter into the constitutional appeal. The reasoning is as follows:

• According to the case law on Art. 88 OG, the appellant must have a current practical interest in the annulment of the contested decision for the appeal to be entered into.
• Such an interest is lacking here, as the debt collection proceedings on which the declaratory action under Art. 85a DEBA was based were withdrawn by the creditor.
• According to the interpretation of Art. 85a DEBA, a pending debt collection proceeding is a prerequisite for this…