Termination and Eviction of Tenants during Compulsory Administration

Facts

Feba Immobilien AG is the owner of the properties Parcel No. 524 and No. 536 in Haag. Muco SE Muldenbau AG is the tenant of the factory premises on Parcel No. 524 and of two office spaces on Parcel No. 536. On July 5, 1982, Feba Immobilien AG filed an application with the President of the District Court of Werdenberg to issue an order for the Muco SE Muldenbau AG to vacate the rented premises. This was based on the termination notice dated February 24, 1982, which was effective as of May 31, 1982.

The President of the Court dismissed the eviction order, as the tenant had credibly demonstrated a contract extension. Feba Immobilien AG then filed an appeal, which the Appellate Judge of the Cantonal Court of St. Gallen granted with a decision dated October 25, 1982, and ordered the eviction of the rented premises.

Against this decision, Muco SE Muldenbau AG filed a constitutional complaint with the Federal Supreme Court. It claimed an obvious and thus arbitrary violation of Art. 94 para. 1 of the Federal Act on Debt Collection and Bankruptcy (SchKG).

Considerations

The Federal Supreme Court upheld the complaint. It stated that according to Art. 94 para. 1 SchKG, terminations of tenants and evictions of tenants after the imposition of the rent freeze also fall under the exclusive authority of the debt collection office in the foreclosure proceedings. The wording of this provision is clear and does…