Facts
On August 4, 1994, the Court of First Instance of Geneva ordered 9 seizures against Z., who was then domiciled in Belgium. Following a change of the debtor's address to Israel, the seizure reports and payment orders were transmitted to the Swiss Consul in Tel Aviv for service. This was carried out on June 25, 1995 by posting on the debtor's door, in the absence of the latter.
Alleging that he was only informed of the seizures and debt collection proceedings on December 29, 1995, Z. requested the annulment of these acts from the Supervisory Authority of the Debt Collection and Bankruptcy Offices of the Canton of Geneva, disputing the validity of the service carried out in Israel. The cantonal authority having rejected his complaint, Z. appealed to the Debt Collection and Bankruptcy Chamber of the Federal Tribunal.
Considerations
The Debt Collection and Bankruptcy Chamber dismissed the appeal to the extent that it was admissible. It considered that the service by posting on the debtor's door was valid under Israeli law, in accordance with Article 489 of the Israeli Code of Civil Procedure.
Indeed, the Chamber held that the Hague Convention of 1965 on the Service Abroad of Judicial and Extrajudicial Documents in Civil or Commercial Matters, applicable in this case, does not require personal delivery. It provides that delivery of the document to the addressee who accepts it voluntarily is sufficient, or…