Facts
On May 11, 1966, the Debt Collection Office of Delémont notified André Ghirardi of a payment order for the sum of 9,287 fr. 85 to Hans Lüscher. Ghirardi filed an objection, but the Cantonal Court of Neuchâtel ordered him to pay this sum on June 2, 1969. The Federal Tribunal subsequently declared Ghirardi's appeal inadmissible.
On November 4, 1969, the Debt Collection Office of Delémont notified Ghirardi, who was registered in the commercial register of Neuchâtel, of a bankruptcy summons. Ghirardi then filed a complaint with the supervisory authority, alleging that his domicile had been in Neuchâtel since 1964 and not in Delémont.
The supervisory authority dismissed the complaint, considering that the judgment of the Cantonal Court had become final and that the debt collection proceedings could continue.
Considerations
The Federal Tribunal considers that if the lack of territorial jurisdiction of the debt collection office is manifest, it must declare itself incompetent ex officio. But if it has doubts about its jurisdiction, it must stay the proceedings and submit the question to the supervisory authority.
In this case, the Federal Tribunal cannot decide the question of territorial jurisdiction based on the file, as the documents produced do not…