Release of opposition to a payment order

Facts

Company A. AG (the lessor or creditor) had leased advertising space at the swimming pool in Y. to company C. SA (the tenant or debtor) for a period of three years, from July 15, 2002 to July 15, 2005. On June 11, 2007, the lessor sent the tenant an invoice in the amount of CHF 1,800 plus CHF 136.80 in VAT as rent for the period from July 15, 2007 to July 15, 2008. As the tenant had filed an opposition to the payment order notified by the Debt Collection Office, the lessor requested the provisional release of this opposition.

Considerations

The Federal Tribunal first examined the admissibility of the appeals. Although the disputed value was less than CHF 30,000, the Tribunal admitted the constitutional appeal, considering that the question of whether the positive publicity effect of Art. 933 para. 1 CO also applies to judicial authorities and not only to third parties designated by law raises a fundamental legal issue.

On the merits, the Federal Tribunal considered that the change in the debtor's company name from C. SA to B. SA was a fact of common knowledge resulting from a publication accessible to everyone in the Swiss Official…