Approval of a self-help sale by the judge at the domicile of the requesting party

Facts

X. SA (the appellant) is the owner of a business jet aircraft located on the premises of Geneva-Cointrin Airport, where it was maintained and serviced by Y. AG (the respondent). The respondent repeatedly unsuccessfully requested the appellant to collect the completed aircraft.

On February 20, 2009, the respondent applied to the Civil Court of Basel-Stadt for approval to publicly auction the aircraft after prior notice to the appellant. On June 3, 2009, the single judge approved the public auction and set a six-week notice period. He designated Geneva as the auction location.

The appellant filed a complaint against this decision. The Court of Appeal of the Canton of Basel-Stadt dismissed the complaint.

The appellant requests in a civil law appeal that the respondent's application not be considered, alternatively that it be dismissed, further alternatively that the matter be remanded to the lower court for re-assessment.

Considerations

The Federal Supreme Court found that the approval of the self-help sale under Art. 93 CO belongs to the voluntary jurisdiction. Therefore, the court at the domicile or registered office of the requesting party, here Basel, has local jurisdiction.

The purpose of the self-help sale is to replace a non-depositible item with a depositible one. In the summary approval procedure, the judge merely has to examine whether the applicant has…