Facts
The Federal Republic of Germany pursued enforcement proceedings against H.S., a resident of Saarbrücken, and placed an attachment on his property No. 1,054 of the land register of Weggis. However, the property was claimed as owned by A.S., the wife of the debtor, based on a purchase contract dated May 10, 1978. The Federal Republic of Germany was given a deadline of 10 days to file an objection lawsuit under Art. 109 of the Debt Enforcement and Bankruptcy Act (SchKG).
The Federal Republic of Germany then filed a challenge lawsuit with the Saarbrücken Regional Court against A.S., requesting that she be ordered to allow enforcement against her property for the claim against her husband. On June 13, 1980, the Saarbrücken Regional Court upheld the lawsuit and declared the judgment provisionally enforceable.
Based on this judgment, the Federal Republic of Germany filed an enforcement request with the Weggis Debt Collection Office. However, A. and H.S. filed a complaint against this with the President of the District Court III of Lucerne-Land, who upheld the complaint and revoked the orders of the Debt Collection Office regarding the realization of the seized property. This decision was also confirmed by the Debt Enforcement and Bankruptcy Commission of the High Court of the Canton of Lucerne.
Considerations
The Debt Enforcement and Bankruptcy Chamber of the Federal Supreme Court dismisses the appeal of the Federal Republic of Germany. On the one hand, the Federal Republic of Germany had not met the 10-day deadline for filing an objection lawsuit under Art. 109 of the SchKG, so the third-party claim was deemed recognized and the attachment became irrelevant.
On the other hand, the lawsuit before the Saarbrücken Regional Court could not have had the effect of an objection lawsuit within the meaning of Art. 109 of the…