Facts
The [X. SA] (appellant) was sued by the [Y. GmbH] (respondent) for a claim of CHF 29'964'380.-- plus interest and costs. The District Court of Zurich and the High Court of the Canton of Zurich dismissed the appeal of [X. SA] against the final judgment. The [X. SA] has moved its headquarters from [U.] to [V.] and is now being sued at the debt collection office Höfe. The debt collection office Höfe has publicly announced the bankruptcy notice against [X. SA] in the Swiss Official Gazette of Commerce (SHAB). [X. SA] has filed an appeal against the bankruptcy notice, which was dismissed by the Cantonal Court of Schwyz.
[X. SA] has now filed an appeal in civil matters with the Federal Court and requests the cancellation of the bankruptcy notice and the cancellation of the cantonal court's decision. The appellant also requests a stay of proceedings, which the respondent opposes.
Considerations
The Federal Court has admitted the appeal in civil matters and examines whether the requirements for the public announcement of the bankruptcy notice are met. The appellant accuses the lower court of relying solely on the statements of [C.] for proof of the second attempt at service. However, the Federal Court holds that the supervisory authority must investigate the facts ex officio and that the evidence presented is freely evaluable.
The appellant also questions the requirements for a public announcement of the bankruptcy notice and claims that the debt collection office did not make at least one further…