Facts
At the request of X., the Debt Collection Office of Geneva carried out an inventory of the assets of [S.] pursuant to Art. 283 DEBA. The claim invoked consisted of overdue rents and future rents for a period of six months (Art. 268 para. 1 CO).
[S.] filed a complaint with the supervisory authority against this inventory, arguing in particular that the notice from the office inviting the subtenants to pay their rents to it was illegal, and that the inventory included production tools and machines in the process of manufacture, as well as vehicles not located in the rented premises.
After the supervisory authority dismissed his complaint, [S.] appealed to the Debt Collection and Bankruptcy Chamber of the Federal Supreme Court, alleging a violation of Art. 283 DEBA and Art. 268 CO.
Considerations
The Federal Supreme Court partially upheld the appeal. It considered that the subtenants did not have to be required to pay their rents to the office, since the rent in question had been paid and no subtenant's furniture had been inventoried.
Regarding the machines and spare parts in the process of manufacture, the Federal Supreme Court ruled that they were used for the purpose of the rented premises within the meaning of Art. 268 para. 1 CO, since they were not fortuitously located in the premises and remained there for a certain duration, the purpose of the premises being to serve as assembly and assembly…