Facts
On xxxx 2010, the Enforcement Office of Küssnacht seized the passenger car "Audi A6 Allroad 3.0TDI" from [X.]. [X.] subsequently filed three complaints, which were dismissed by the District Court of Küssnacht. [X.] appealed the rulings to the Cantonal Court of the Canton of Schwyz, which on April 7, 2011 rejected the request for suspensive effect. On April 15, 2011, the seized vehicle was auctioned.
By order of April 28, 2011, the higher supervisory authority dismissed [X.]'s complaint as having become moot. [X.] appealed this decision in civil matters to the Federal Supreme Court.
Considerations
The Federal Supreme Court held that the complaint against the seizure could not be dismissed as moot just because the vehicle had been sold in the meantime. The revocation of the seizure order would have resulted in the actions based on it, such as the auction, having to be reversed.
Since the lower court did not sufficiently justify the complainant's arguments regarding the seizure, the contested decision violates the rules on…