Facts
The B. Savings Bank (applicant, respondent) initiated debt collection proceedings against A. (debtor, appellant) for the amount of CHF 162,383.12 plus interest at 4.12% since 24 September 2022 and debt collection costs of CHF 203.30. The debtor filed an objection. The applicant requested the single judge of the District Court of March to grant definitive revocation of attachment. The judge granted this request. The debtor appealed this decision to the Cantonal Court of Schwyz, which dismissed the appeal. The debtor then appealed to the Federal Tribunal, requesting the annulment of the decision of the Cantonal Court and the rejection of the applicant's request for revocation of attachment.Considerations
The Federal Tribunal upheld the appeal. It considers that entries in foreign commercial registers do not constitute facts of common knowledge within the meaning of Art. 151 CPC. The applicant was therefore unable to validly prove the continuity of the claim and the identity of the creditor. The judge in the revocation of attachment proceedings should have rejected the request for definitive revocation of attachment due to lack of proof of the creditor's identity. Furthermore, the Federal Tribunal notes that in revocation of attachment proceedings, the written submissions phase is generally closed after a single exchange. A second exchange of submissions can only be ordered…