Facts
Francine H., a secretary, received unemployment compensation starting from June 16, 1986. On April 15, 1987, the Cantonal Employment Office ruled that Francine H. had been deemed not employable since June 16, 1986, and the days stamped from that date were not entitled to payment, as she had been the owner of a physiotherapy institute and a beauty salon since April 1, 1986. On May 6, 1987, bankruptcy proceedings were opened against Francine H.
By decision of May 20, 1987, the General Unemployment Insurance Fund in Basel, based on Art. 95 AVIG, demanded the repayment of the daily allowances received by Francine H. from June 16 to December 31, 1986, amounting to CHF 18,075.80. On July 2, 1987, the bankruptcy proceedings against Francine H. were discontinued due to lack of assets.
Considerations
The Federal Supreme Court first had to clarify the impact of the opening of bankruptcy proceedings on the administrative decisions and the resolutions of the Arbitration Commission.
According to Art. 207 para. 1 SchKG, civil proceedings in which the debtor is the plaintiff or defendant are automatically stayed after the opening of bankruptcy proceedings. The term "civil proceedings" is to be interpreted broadly and also includes appeal proceedings concerning public law claims that can be asserted through debt enforcement proceedings.
The Federal Supreme Court concluded that the decisions of April 15 and May 20, 1987 are civil proceedings within the meaning of Art. 207…