Facts
A. initiated debt enforcement proceedings against B. AG with two payment orders from the debt collection office in St. Gallen. B. AG filed objections in both cases. Subsequently, B. AG filed two separate actions with the Commercial Court of the Canton of St. Gallen, requesting a declaration that it was not the debtor of the claims being enforced. B. AG later withdrew these actions.
A. then filed an application for summary proceedings with the Commercial Court, requesting that B. AG be ordered to pay the claims and that the objections be removed. The Commercial Court did not enter into the application.
A. subsequently applied to the District Court of Lenzburg to remove the objections and grant him definitive debt enforcement. The District Court did not enter into the application for debt enforcement.
A. appealed against this decision, which was dismissed by the High Court of the Canton of Aargau. A. filed an appeal in civil matters against the decision of the High Court to the Federal Supreme Court.
Considerations
The Federal Supreme Court dismissed the appeal. It stated that the pendency of a declaratory action does not prevent the initiation or continuation of debt enforcement proceedings. The declaratory action and the debt enforcement proceedings serve different purposes: the former clarifies the substantive existence of a claim, while the latter merely assesses whether a title sufficient for debt enforcement is available.
T…