Decision on the Costs of an Attachment

Facts

This case involved a dispute over the costs that the Debt Collection Office of Muotathal had levied in connection with an attachment. The District Court President of Schwyz, as the lower supervisory authority, annulled the cost accounting of the Debt Collection Office and instructed it to prepare a new cost accounting. The Debt Collection Office of Muotathal appealed this decision to the Cantonal Court of the Canton of Schwyz as the upper supervisory authority, which dismissed the appeal. Thereupon, the Debt Collection Office of Muotathal filed an appeal with the Debt Collection and Bankruptcy Chamber of the Federal Supreme Court.

Considerations

The Federal Supreme Court first determined that the debt collection officer of Muotathal was entitled to appeal to the Debt Collection and Bankruptcy Chamber of the Federal Supreme Court in accordance with Art. 15 GebTSchKG.

With regard to the calculation of the time limit, the Federal Supreme Court concluded that the appeal period pursuant to Art. 19 para. 1 SchKG would have expired on December 31, 1988, as the contested decision was served on December 21, 1988. Since December 31, 1988 was a Saturday, the appeal period was extended until January 2 or 3, 1989, depending on whether Berchtold's Day was recognized as a public holiday in the Canton of Schwyz.

The Federal Supreme Court explained that Art. 63 SchKG, which provides for an extension of the time limit until the third day after the end of the vacation period or the legal standstill, is only applicable if the decision of a cantonal…