Facts
The Franco-American Colonial Company was subject to a seizure by the Debt Collection Office of Arlesheim for a claim of the applicant. Adolf Segmüller, the pledgee, asserted a right of pledge over the seized goods and requested the Debt Collection Office to authorize him to realize them himself under the pledge contract. The Debt Collection Office informed the applicant that it would hand over all the seized goods to the pledgee. The applicant filed an appeal against this decision, requesting its annulment.Considerations
The Federal Tribunal considers that the right of the pledgee to realize the pledge themselves cannot be exercised in the event of seizure, any more than in the event of the debtor's bankruptcy. Indeed, Articles 198, 232(4), 256 and 262 of the DEBA provide that the pledged assets must be handed over to the debt collection office to be officially realized, in the interest of all creditors. This procedural rule, aimed at protecting the seizing creditors, cannot be set aside by a contractual clause granting the pledgee a right of private sale.
Although some authors consider that the right of private sale remains in the event of seizure, the Federal Tribunal considers that this interpretation is not well-founded. Article 316k of the DEBA, which provides for this right for…