Facts
The Municipal Community of Leukerbad was placed under trusteeship for a period of three years after the creditors had rejected a reorganization plan drafted by commissioners. The board appointed by the Canton of Valais issued various orders, including one rejecting in full the claim of the Caisse de Retraite et de Prévoyance du Personnel Enseignant du Canton du Valais (CRP) in the amount of CHF 527,358.45. The CRP appealed against this to the higher supervisory authority, which declared the board's order null and void. The board and the Municipal Community of Leukerbad then filed a complaint with the Federal Supreme Court.Considerations
The Federal Supreme Court dismissed the complaint. It stated that the legislator had deliberately not granted the board any powers to interfere with creditors' rights, such as the rejection of claims. While the trusteeship is also intended to restructure the municipal finances, it also aims to ensure the equal satisfaction of all creditors. The legislator has considered the possibility that the trusteeship alone may not lead to the recovery of the…