Facts
The Swiss Federal Tribunal was seized with an appeal against a decision of the Cantonal Tribunal of Basel-Landschaft granting provisional debt enforcement suspension to Migros Bank AG for an amount owed by the association Wohngruppe Baselland. The central issue was whether the current account contract and account statements could be considered as a recognition of debt within the meaning of Art. 82 para. 1 DEBA, thus allowing for provisional debt enforcement suspension.Considerations
The Swiss Federal Tribunal ruled that neither the current account contract nor the account statements constitute a valid recognition of debt within the meaning of Art. 82 para. 1 DEBA. Indeed, the current account contract does not concern a specific amount, but a renewable credit whose balance varies. Similarly, the clause in the general banking conditions providing that the balance is deemed acknowledged in the absence of objection within the time limit is not sufficient to establish a written and signed recognition of debt.
Consequently, the Swiss Federal Tribunal considered that the…