Dismissal of the bank's opposition claim against the third-party claim of the respondent on the joint account

Facts

Bank [A.] A.E. filed an opposition claim against [B.] with the District Court of Zurich. It demanded that [B.] 's claims be denied and that the attachment and debt enforcement proceedings be continued regardless of the alleged claims. The District Court dismissed the claim and ordered the release of the attached funds in the amount of EUR 303,696.27 from the attachment and debt enforcement proceedings. Bank [A.] A.E. appealed the judgment to the High Court of the Canton of Zurich, which confirmed the dismissal of the claim and the release from the attachment and debt enforcement proceedings in the amount of EUR 300,439.71. Only in the amount of EUR 3,253.56 was the claim upheld and the third-party claim denied. Bank [A.] A.E. then filed a civil law appeal with the Federal Supreme Court against the judgment of the High Court.

Considerations

The Federal Supreme Court dismissed the appeal, insofar as it was admissible. It held that the High Court had not violated Art. 150 CO or the rules on the opposition procedure pursuant to Art. 106 et seq. DEBA by examining whether the respondent had a legal title to the joint account that would preclude the attachment. The Federal Supreme Court confirmed that in the case of a joint account (Compte joint), the claim of each individual account holder to withdraw the entire amount is subject to attachment or seizure, while the separation of any shares in the event of attachment or seizure of the claim of the co-entitled party is carried out by way of the opposition procedure pursuant…