Placement of a foundation under curatorship due to non-compliance with supervisory measures

Facts

The facts concern two foundations, A. and B., which were placed under curatorship by the federal supervisory authority pursuant to Art. 393 para. 4 CC. The foundations contested this decision before the cantonal and federal instances.

Considerations

The Federal Tribunal considers that the placement of a foundation under curatorship pursuant to Art. 393 CC is an exceptional measure to be used with restraint, as foundations are subject to a specific supervisory regime (Art. 84 CC). However, this measure may be justified in particular situations, especially when the management of the foundation endangers important public interests and the supervisory measures have proven insufficient.

In the present case, the Federal Tribunal finds that the conditions for placing the foundations under curatorship are met. Despite the existence of a functionally operational foundation board, compliance with the statutes and the law is not ensured due to the repeated and serious misconduct of the board members, who have violated the instructions of the supervisory authority. In these circumstances, the supervisory measures cannot be implemented quickly, justifying the recourse to provisional placement under curatorship.

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