Facts
In debt collection proceedings initiated by A. SA against L. for payment of a sum of CHF 3,000 plus interest, the President I of the District Court of Delémont issued a final release from the opposition made by the debtor. The creditor immediately requested the continuation of the debt collection proceedings, enclosing the judgment of release. The Debt Collection Office of the District of Delémont then requested a certificate of non-appeal against the said judgment. The creditor having returned the request by arguing that the judgment in question was immediately enforceable because it was not subject to appeal, the office refused to follow up on the request to continue the debt collection proceedings, due to the lack of a certificate of enforceability. The creditor's complaint against this decision was rejected by the Cantonal Supervisory Authority for Debt Collection and Bankruptcy of the Canton of Jura, but its appeal to the Federal Tribunal was upheld.Considerations
According to case law, when cantonal law only provides the extraordinary remedy of an appeal on a point of law, without automatic suspensive effect, against the judgment of release from opposition, the judgment of release has become res judicata and immediately enforceable. In this case, there is no need to require a certificate of enforceability of the judgment, as this follows clearly from the law.
In the present case, Jura law only provides for an appeal on a point of law, without automatic suspensive effect, against the judgment of release from opposition. The judgment was therefore immediately enforceable, and the debt collection office could follow up on the request to continue the debt collection proceedings without waiting for a…