Facts
The present case concerns the opening of bankruptcy proceedings of a limited liability company (Sàrl) due to its over-indebtedness. On 24 September 2008, A., the sole associate and manager of Sàrl [Y.], informed the Solothurn-Lebern court of the company's over-indebtedness situation. On 30 October 2008, the court president declared the bankruptcy of Sàrl Y. X., the sole associate and manager of Sàrl [Y.], then appealed against this decision on 10 November 2008.
On 23 March 2009, the Cantonal Court (Civil Chamber) of the Canton of Solothurn refused to enter into the merits of the appeal. X. then filed a civil law appeal with the Federal Tribunal.
Considerations
The Federal Tribunal upholds the appeal. It considers that the appellant, as the company's governing body, has standing to appeal against the opening of bankruptcy proceedings, even if she did not act "on behalf of the company". Indeed, when the declaration of over-indebtedness appears to be based on an invalid management decision, the sole manager authorized to represent the company has a personal interest in the outcome of the proceedings,…