Facts
Anton [E.] and Max [A.] are both shareholders of the joint-stock company X. AG, of which Max [A.] is the sole director. Anton [E.] initiated an arbitration proceeding against Max [A.] and X. AG to obtain the transfer of 25 registered shares of X. AG. In this context, he requested the appointment of a curator for X. AG. The arbitral tribunal invited him to file a request with the competent supervisory authority. Anton [E.] then requested the single judge in debt enforcement and bankruptcy to open bankruptcy proceedings against X. AG without prior debt enforcement. This proceeding was suspended pending the decision on the request for the appointment of a curator for X. AG. The request for the appointment of a curator filed by Anton [E.] with the supervisory authority was rejected at all levels of jurisdiction.Considerations
The Federal Tribunal considers that only the party who may suffer prejudice due to the lack of representation of a legal entity has the right to request the appointment of a curator for the latter. In the present case, Anton [E.] does not demonstrate how the challenged decision would infringe on his own rights or those of the company X. AG. Although the conflict of interest of the company's representative may in principle limit his power of representation, the Federal Tribunal considers that a third party in good faith…