Facts
In this case, the Federal Tribunal was seized with a nullity appeal against a decision of the Cantonal Tribunal of Aargau concerning a direct payment order of maintenance benefits to the ex-spouse from the husband's pension fund. The husband, domiciled in Slovenia, contested the application of Swiss law to this enforcement measure, arguing that Slovenian law should apply in accordance with the Hague Convention on the Law Applicable to Maintenance Obligations.Considerations
The Federal Tribunal considered that the direct payment order did not constitute a civil matter within the meaning of Art. 68 FJA, but a family law measure aimed at ensuring the enforcement of the maintenance obligation. Consequently, it was not subject to the status of maintenance claims provided for by the Hague Convention, but fell under the law applicable to the effects of marriage according to Swiss private international law.
Therefore, the Federal Tribunal ruled that the Cantonal Tribunal had not violated…