Decision on the Admission of the Objection

Facts

In the context of debt collection proceedings based on a certificate of unpaid debts, the debtor Y. filed an objection. The judge of the Zug Cantonal Court responsible for the release of the writ of execution had only summoned the debtor to the hearing on October 27, 1999 and admitted the objection based on the debtor's allegations. Creditor Z. filed a public law appeal against this decision for violation of the right to be heard, requesting the annulment of the contested decision and the referral of the case to the previous instance for a new decision.

Considerations

The Federal Tribunal considers that the decision admitting the objection under Art. 265a para. 2 DEBA constitutes a final decision within the meaning of Art. 87 FJA. It is deemed final when a violation of the right to be heard (Art. 265a para. 1 DEBA) is invoked in the public law appeal.

Indeed, the procedure for the admission of the objection under Art. 265a paras. 1 to 3 DEBA is of a summary nature and the judge rules definitively on the admission or rejection of the objection (Art. 265a para. 1 DEBA). Furthermore, the admission of the objection results in the suspension of the debt collection proceedings (Art. 78 para. 1 DEBA). It is therefore a final decision within the meaning of Art. 87 FJA.

Against the decision of the judge responsible for the release of the writ of execution, no cantonal law appeal is…