Facts
The present case concerns the service of a payment order in the Federal Republic of Germany. The Debt Collection and Bankruptcy Chamber of the Swiss Federal Court had to assess whether the recognition of service by deposit with the competent Local Court pursuant to § 182 of the German Code of Civil Procedure (ZPO) violates Swiss public policy (ordre public).
The appellant had appealed against the decision of the lower instance and argued that the service violated Art. 4 of the Federal Constitution (BV). However, the Federal Court saw it differently and stated that the question of service was a matter of interpretation and application of Swiss law, specifically Art. 66 para. 3 of the Federal Act on Debt Collection and Bankruptcy (SchKG).
The lower instance had rightly held that the service of debt collection documents in Germany is governed by the applicable regulations there. The decisive factor was therefore whether the service by deposit with the Local Court in the specific case violated Swiss public policy (ordre public).
Considerations
The Federal Court stated that the service by deposit pursuant to § 182 ZPO does not violate Swiss public policy (ordre public). On the one hand, various forms of service provided for in Switzerland, such as handing over to an adult household member or public announcement, do not provide greater assurance that the debtor actually becomes aware of the payment order. On the other hand, a debtor who, through no fault of their…