Facts
The present case concerns bankruptcy proceedings initiated against X., the former manager of company Z. GmbH. Creditor Y. filed a request for continuation of the proceedings on November 19, 2007, while X. was still registered in the commercial register as the company's manager. However, the deregistration of X. from the commercial register was published on December 14, 2007. On January 7, 2008, Y. filed a petition for the opening of bankruptcy proceedings against X. Despite the repeal of Art. 39(1)(5) DEBA as of January 1, 2008, which now excluded former managers of limited liability companies from bankruptcy proceedings, the court declared X. bankrupt on February 29, 2008. X. appealed against this decision.Considerations
The Federal Tribunal upheld X.'s appeal. The Court considered that the repeal of Art. 39(1)(5) DEBA as of January 1, 2008 also applied to ongoing enforcement proceedings at that date. Indeed, the rules on the debtor's bankruptcy capacity depend on their…