Facts
On June 15, 1983, a property in Zurich was auctioned. The auction conditions stipulated that the highest bidder had to pay 50,000 Swiss francs in cash and provide security for the remaining price. However, the appellant [G.] only submitted a barely legible photocopy of an alleged letter of credit, which the auction director did not accept as sufficient security. Consequently, the auction director awarded the property to the brothers [M.], whose creditworthiness was known to him. [G.] filed a complaint against this award.Considerations
The Federal Court dismissed G.'s appeal. It stated that it was not contrary to federal law to stipulate both cash payment and the provision of security in the auction conditions. The auction director merely had to estimate the costs associated with the award and set the required security accordingly. Furthermore, the auction director was entitled to consider the appellant's tax capacity and the fact that companies controlled by him were insolvent when assessing his ability to pay. Unequal treatment compared to the brothers [M.], from whom no…