Facts
The case concerns a dispute between a German bankruptcy trustee and a Swiss debtor. The bankruptcy trustee filed a claim in Switzerland for performance of a composition agreement that he had concluded as bankruptcy trustee in the bankruptcy of A. with the debtor. This agreement was intended to settle avoidance claims under German bankruptcy law that concerned a property in Switzerland.
The High Court dismissed the claim, as the bankruptcy trustee had not obtained recognition of the German bankruptcy decree in Switzerland in accordance with Art. 166 et seq. PILA. Without this recognition, the bankruptcy trustee is not authorized in Switzerland to assert avoidance claims or claims based on them in court.
Considerations
The Federal Supreme Court upheld the dismissal of the claim. It stated that according to the case law, a foreign bankruptcy administration is only authorized to conduct proceedings in Switzerland if it has previously obtained recognition of the foreign bankruptcy decree in Switzerland in accordance with Art. 166 et seq. PILA. Otherwise, the system conceived by the PILA, which in particular seeks to privilege creditors with a domicile in Switzerland, would be undermined.
In the present case, the agreement between the bankruptcy trustee and the debtor concerned the realization of a property in…