Facts
The company Novima AG was requested by its administrator to make payments to the SUVA (Swiss Accident Insurance Fund) and the AHV (Old Age and Survivors' Insurance) by January 1 and 5, 1974, respectively. The company filed an appeal against these requests with the cantonal supervisory authority for debt collection and bankruptcy and simultaneously requested that its appeal be granted suspensive effect. The president of the cantonal supervisory authority rejected this request on the grounds that the appeal was likely to be unsuccessful.
Novima AG filed a recourse with the Debt Collection and Bankruptcy Chamber of the Federal Supreme Court against this decision of the president of the supervisory authority and requested that its appeal against the decisions of its administrator dated December 19 and 21, 1973 be granted immediate suspensive effect.
Considerations
The Debt Collection and Bankruptcy Chamber of the Federal Supreme Court concluded that the act by which the president grants or denies the requested suspensive effect is not to be considered a decision within the meaning of Art. 19 of the Debt Collection and Bankruptcy Act (SchKG). It is rather a mere procedural order in a pending appeal procedure, which cannot be the subject of a recourse to the Federal Supreme Court pursuant to Art. 19 SchKG.
Furthermore, according to Art. 19…