Facts
This case concerns a dispute between the L. Foundation and [Z.] regarding the decision of the foundation board to exclude [Z.] from this board. The foundation was considering selling a building, which constituted its main asset, to an association and participating in the construction of a new building with the proceeds of the sale. The cantonal supervisory authority informed the foundation that it had no fundamental objection to the sale of the building, but reminded the foundation that the foundation's assets must not be diminished and that the foundation must be able to continue to pursue its purpose. The authority also required the foundation to obtain its prior approval for the sale of the building and the construction of the new building.
Although Z.'s interventions were apparently aimed at preserving the purpose of the foundation, his personal interest as a tenant of the building was taken into account. However, the measures taken by the cantonal supervisory authority made it possible to ensure the continuation of the foundation's activities, so that it was not necessary for the authority to order the retention of [Z.] on the foundation board.
Considerations
According to case law, when the functioning of the foundation is not called into question, the supervisory authority intervenes inadmissibly in the autonomy of the foundation's bodies by ordering the retention on…