Facts
On 4 January 1988, the Compensation Fund of the Canton of St. Gallen filed an action against P., a former member of the board of directors of the bankrupt company R. Ltd., before the Insurance Court of the Canton of St. Gallen. This action was partially upheld on 30 June 1994, with the court ordering P. to pay the Compensation Fund a damages of CHF 40,429.55, jointly and severally with K.F. and M.F.
In the meantime, P.'s bankruptcy had been opened on 24 November 1992. On 15 May 1995, the Debt Collection Office of Zug served P. with a payment order for this claim of CHF 40,429.55, at the request of the Compensation Fund of the Canton of St. Gallen. P. contested this debt collection, arguing that the claim had arisen before the opening of the bankruptcy, which is contrary to Art. 206 DEBA.
Considerations
According to the Compensation Fund, its damages claim based on Art. 52 OASIA only arose after the opening of the bankruptcy, with the judgment of the Insurance Court of the Canton of St. Gallen on 30 June 1994. It argues that the origin of the damages claim is independent of when the damage occurred, and that it only arises with the formal decision of the Compensation Fund.
However, the Federal Tribunal considers that the damage occurs at the time when…