Dismissal of an Appeal against a Bankruptcy Decision

Facts

Company G. SA was declared bankrupt by the Court of First Instance of Geneva on 25 January 1993, a decision confirmed on appeal by the Cantonal Court of Justice on 1 April of the same year. G. SA then filed a complaint with the Supervisory Authority for Debt Enforcement and Bankruptcy Offices of the Canton of Geneva, arguing that the claimed debt was not due. The cantonal authority declared the complaint inadmissible, on the grounds that it was directed against a judicial decision and not a measure of an enforcement authority. G. SA appealed this decision to the DEBA Chamber of the Federal Tribunal, requesting that the dispute be heard and decided, and that the bankruptcy be annulled.

Considerations

The DEBA Chamber declared the appeal inadmissible. It first noted that the appeal did not meet the legal requirements for reasoning, as G. SA did not explain how the cantonal authority had violated federal law. Furthermore, a complaint can only be directed against a measure, decision or inaction of an enforcement authority or a supervisory authority, but never against a judicial decision such as the bankruptcy judgment or the appeal decision. Therefore, the cantonal authority was right not to consider the complaint of G. SA.

Moreo…