Facts
On 13 October 2003, Z. Krankenkasse initiated a lawsuit against X. for unpaid health insurance premiums. The debtor filed an opposition. On 13 November 2003, the health insurance fund lifted the opposition and demanded payment of CHF 1,597.70, as well as interest and enforcement costs. The registered letter was returned to the health insurance fund on 26 November 2003 with the note « non réclamée ». On 6 January 2004, the enforcement office notified X. of the seizure notice. On 16 January 2004, X. filed a complaint with the Baden district court. On 24 January 2004, the president of the district court admitted the complaint and cancelled the seizure notice. The cantonal court of appeal of the canton of Aargau rejected the complaint of Z. Krankenkasse on 7 April 2004.
Z. Krankenkasse filed an appeal with the Chamber of Enforcement and Bankruptcy of the Federal Court against the decision of the cantonal court of appeal, requesting the annulment of this decision.
Considerations
The Chamber of Enforcement and Bankruptcy of the Federal Court rejected the appeal. According to case law, the notification of the decision to lift the opposition by the health insurance fund itself opens a new procedure. The fiction of notification does not apply to such a decision and the lawsuit cannot therefore be continued.
The court considered that the debtor did not have to expect to receive a new notification from the health insurance fund after filing an opposition.…