Rejection of the bank's claim for compensation and right of lien against the claims assigned to the creditors pursuant to Art. 131(1) DEBA

Facts

- Bank X. AG proceeded with the private realization of pledged securities and the set-off of its own claims against the funds resulting from this realization, while these securities were under attachment. - The claims of debtor A. and Foundation C. against Bank X. AG were subsequently assigned to creditors [Y.] and [Z.] pursuant to Art. 131(1) DEBA. - Creditors [Y.] and [Z.] then sued Bank X. AG for payment of these assigned claims.

Considerations

- The Court considered that the bank did not have the right to proceed with the private realization of the securities under attachment, nor to set off its own claims against the resulting funds. - The set-off invoked by the bank is considered abusive, as the funds resulting from the unlawful realization could not be used to extinguish its own claims. - The Court also considered…