Facts
The present case concerns a decision on the definitive enforcement of a judgment. The Federal Supreme Court had to assess whether the civil law appeal against this decision is admissible and which complaints can be raised with it.
The contested decision is dated January 19, 2007, so that the Federal Act on the Federal Supreme Court (BGG) applies to the proceedings. Pursuant to Art. 72 para. 2 lit. a BGG, decisions in debt collection and bankruptcy matters are subject to civil law appeal. Since the amount in dispute is far more than 30,000 francs, the appeal is also admissible in property-related matters.
The decision on the definitive enforcement of a judgment is a final decision within the meaning of Art. 90 BGG, so that the appeal is generally admissible. The appeal can be used to allege violations of federal and foreign law, as it is not a precautionary measure within the meaning of Art. 98 BGG.
Considerations
The Federal Supreme Court examines freely whether the alleged violations of the law exist. However, the establishment of the facts can only be challenged if it is obviously incorrect or based on a violation of…