Annulment of an additional fee charged by the debt collection office for the management of real estate

Facts

In a debt enforcement proceeding for the realization of a mortgage, a legal management was established and entrusted to C. by the Arve-Lac Debt Collection Office. In its management account, the office deducted an additional fee of 3% of the rents collected, based on cantonal directives. The assignee creditor contested this charge, considering it unjustified. The cantonal supervisory authority rejected the complaint, but the Federal Tribunal ultimately upheld the appeal and annulled the deduction of the additional fee.

Considerations

The Federal Tribunal considered that the fee schedule established by the Federal Council under Art. 16 para. 1 LP has an exhaustive character. The cantons cannot, therefore, charge any other fees in addition to those provided for in this federal schedule.

Although the supervisory authorities must ensure the correct application of the schedule, the Federal Tribunal does not intervene ex officio but only on appeal. In this case, the appeal of the assignee creditor was admissible because he was directly affected in his legally protected interests.

According to Art. 27 para. 4 OELP,…