Continuation of Debt Collection Based on a Debt Acknowledgment Judgment Issued in Another Canton

Facts

The Swiss Collection Office for Radio and Television Reception Fees (Billag AG) issued a decree pursuant to Art. 55 of the Federal Act on Radio and Television (RTVA) obligating Z. to pay outstanding reception fees. Based on this legally binding decree, Billag AG applied to the debt collection office for the continuation of debt collection. The debt collection office then set a deadline for the debtor to raise objections pursuant to Art. 81 para. 2 DEBA. As the debtor raised objections within the deadline, the debt collection office rejected the application for continuation. Billag AG filed a complaint against this decision with the supervisory authority for debt collection and bankruptcy matters of the Canton of Bern. It argued that as a federal authority, the debtor was not entitled to raise objections under Art. 81 para. 2 DEBA. However, the supervisory authority dismissed the complaint.

Considerations

The Federal Supreme Court overturns the decision of the supervisory authority and instructs the debt collection office to continue the debt collection. The Federal Supreme Court states that…