Dismissal of the appeal against the cancellation of the attachment on securities

Facts

On 12 May 1982, at the request of Précimax S.A., the President of the District Civil Court of Neuchâtel ordered the attachment of a car registered in the Federal Republic of Germany to the detriment of Werner Boehme. To regain free disposal of the attached property, Werner Boehme deposited an amount of 6,500 francs as security with the office. Following a complaint by Werner Boehme, the Cantonal Supervisory Authority found that the attached vehicle was not subject to seizure and ordered the restitution of all or part of the sum deposited as security. Shortly before the expiry of the time limit for appeal, Précimax S.A. requested a new attachment on the sum of 6,500 francs. The Supervisory Authority finally cancelled this second attachment upon complaint by Werner Boehme.

Considerations

The Debt Collection and Bankruptcy Chamber of the Federal Tribunal dismissed the appeal of Précimax S.A. against this decision. It considered that when an attachment covered by securities (Art. 277 DEBA) becomes void, the latter are without purpose and must be returned immediately to the debtor. A second attachment by the same creditor on the securities that should have been returned to the debtor and are nevertheless without reason in the hands of the officer would be contrary to the rules of good faith (Art. 2(1) CC).

The Court also rejected the appellant's argument that…