Dismissal of the Appeal against the Non-Consideration Decision of the High Court of the Canton of Bern in Attachment Objection Proceedings

Facts

[X.] and [Y.] (Appellants) filed an attachment objection on 31 January 2011 against an attachment order of [Z. SA] (Respondent). The Regional Court of Oberland dismissed the objection on 21 March 2011. Against this decision, the Appellants filed an appeal to the High Court of the Canton of Bern by email on 4 April 2011. The High Court did not consider the appeal, as the submission was not made via a recognised delivery platform in accordance with the Ordinance on Electronic Transmission in the Context of Civil and Criminal Proceedings as well as Debt Enforcement and Bankruptcy Proceedings (VeÜ-ZSSchKG).

Considerations

The Federal Supreme Court dismisses the Appellants' appeal against the High Court's decision not to consider the appeal. It does not consider the High Court's insistence on the legally prescribed form of electronic submission via a recognised delivery platform to be excessive formalism or arbitrariness. The Appellants could have filed…