Rejection of the Request by the City of Schlieren to Introduce an External IT Solution for the Debt Collection Office

Facts

The case concerns a request by the Debt Collection Office of Schlieren to approve the introduction of an IT solution with an external software provider (Verwaltungsrechenzentrum AG St. Gallen). This request was initially rejected by the Administrative Commission of the High Court of the Canton of Zurich on March 18, 1994. A request for reconsideration by the City of Schlieren dated December 4, 1995 was also rejected on January 16, 1996.

The City of Schlieren then filed a "Rekurs/Aufsichtsbeschwerde" (appeal/supervisory complaint) with the Debt Collection and Bankruptcy Chamber of the Federal Supreme Court.

Considerations

The Debt Collection and Bankruptcy Chamber of the Federal Supreme Court did not enter into the appeal or the request for a statement based on Art. 15 of the Debt Collection and Bankruptcy Act (SchKG).

In its considerations, the Federal Supreme Court made it clear that the decision of the Administrative Commission of the High Court of the Canton of Zurich cannot be appealed to the Federal Supreme Court in accordance with Art. 19 para. 1 SchKG, as the subject of the appeal is always an unlawful decision of a cantonal supervisory authority.