Facts
On 12 May 1966, the president of the Lucerne district court granted Fritz Jakober an extension of time to conclude a composition agreement and appointed Werner Frey-Dettwiler as curator. On 14 July 1966, he extended the extension of time until 12 November 1966. On 14 December 1966, he refused to confirm the composition agreement proposed by Jakober. On 24 January 1967, the cantonal supervisory authority confirmed this decision.
On 30 July 1967, the curator submitted a bill for expenses of Fr. 12'792.15, including Fr. 2'253.90 for tariffed expenses, Fr. 10'000.- for a lump-sum remuneration according to art. 67 of the Tariff and Fr. 538.25 for expenses. The cantonal supervisory authority reduced the bill to Fr. 5'759.05, eliminating, in particular, telephone expenses and secretarial expenses.
Considerations
The Federal Court examined the expenses claimed by the curator and decided that telephone expenses could not include supplements for telephone subscription, as these expenses were not related to the exercise of his official duties.
The Court also decided that the remuneration for prescribed or necessary documents (art. 7 of the Tariff) included remuneration for the work of drafting, copying and dispatching the documents in question. However, secretarial expenses for drafting and dispatching these documents could not be claimed separately.
The Court also examined the operations that are taken into account for determining the overall remuneration according to art. 67 of the…