Facts
Company A. AG brought an action for declaration of return to better fortune against debtor B. The Creditor rejected this action. A. AG appealed this decision, but its appeal was declared inadmissible by the Cantonal Court on the grounds that it was late. The Cantonal Court considered that the time limit for appeal was not suspended under Art. 145 para. 1 let. c CPC, but only extended until the third day after the end of the Christmas enforcement holidays in accordance with Arts. 56 no. 2 and 63 DEBA.Considerations
The Federal Tribunal upheld the appeal of A. AG. It considered that the action for declaration of return to better fortune under Art. 265a para. 4 DEBA, although part of enforcement law, is subject to the ordinary or simplified procedure of the CPC. Consequently, the time limits, including the time limit for appeal, are subject to the judicial holidays of the CPC and not to the enforcement holidays of the DEBA.
According to the Federal Tribunal, the reservation of Art. 145 para. 4 CPC in favor of the provisions on enforcement holidays (Arts. 56 and 63 DEBA) applies only to summary proceedings concerning enforcement acts, as well as the time limits for bringing actions provided for in the DEBA. It does not apply…