Facts
The Société d'exploitation AOM AIR LIBERTE (creditor) filed a complaint against the decision of the composition liquidator Transliq AG, by which the claim of CHF 684,648,536.40 filed by it was not admitted in the collocation schedule. The creditor argued that the claim was already the subject of a process before the Commercial Court in Paris and therefore, pursuant to Art. 63 of the Ordinance on the Management of Bankruptcy Offices (KOV), should only be noted pro memoria in the collocation schedule. The District Court of Bülach and the High Court of the Canton of Zurich dismissed the complaint. The creditor then filed a complaint with the Federal Supreme Court.Considerations
1. The Federal Supreme Court first notes that decisions of the liquidation bodies in the implementation of the composition agreement with assignment of assets can be challenged by complaint. The present complaint is not directed against the content of the collocation decision, but against the right of the liquidator to make such a decision, which can be the subject of the complaint procedure. 2. The Federal Supreme Court examines whether Art. 63 KOV, which regulates the treatment of claims that are already the subject of a lawsuit, is also applicable to lawsuits abroad. It concludes that Art. 63 KOV only applies to lawsuits in Switzerland, as it has its legal basis in Art. 207 of the Federal Act on Debt…