Facts
In debt collection proceedings initiated by Jaques Bénédict SA against Gruen Marketing Corporation, the debt collection office served the payment order on the debtor on May 30, 1990 through the Swiss Consulate General in New York. The receipt of the debt collection document was confirmed for the debtor by Edward Lau. After Gruen Marketing Corporation did not file an objection within the prescribed time limit, it complained to the supervisory authority for debt collection and bankruptcy of the Canton of Bern about this service. It argued that Edward Lau did not hold the position of member of the management or authorized signatory at the company, and that authorized representatives were present on the company's premises at the relevant time. The Federal Tribunal upheld the appeal of Gruen Marketing Corporation and ordered the debt collection office to serve the payment order again.Considerations
According to the Federal Tribunal, Art. 65 DEBA must be applied by analogy also for debt collection proceedings against a legal entity or company abroad, in the absence of regulation by an international treaty. This provision aims to ensure that the debt collection document reaches the natural persons authorized to act for the legal entity or company being pursued, in particular to file an objection. Art. 65 para. 2 DEBA exceptionally allows service on another employee, but only if the persons mentioned in…