Facts
The complainant [A.] appealed against the granting of definitive debt enforcement in a debt collection proceeding by the High Court of the Canton of Solothurn. The debt collection proceeding was initiated by the Swiss Confederation and the Canton of Solothurn, represented by the Tax Office of the Canton of Solothurn. The complainant argued that the lower court had granted the defendants definitive debt enforcement in a debt collection proceeding for security, although the debt enforcement application concerned a debt collection proceeding for payment.
The Federal Court had to examine whether the lower court had violated federal law by granting definitive debt enforcement in a debt collection proceeding for security, although the debt enforcement application concerned a debt collection proceeding for payment. The complainant also argued that the lower court had violated his right to be heard by not setting a deadline for his reply.
Considerations
The Federal Court first examined whether the appeal was admissible. It found that the appeal was permissible in civil matters, as the amount in dispute exceeded CHF 30,000 and the lower court had rendered a final judgment. The complainant, as the debtor, was particularly affected by the definitive debt enforcement and was therefore entitled to appeal.
The Federal Court then examined whether the lower court had violated federal law by granting definitive debt enforcement in a debt collection proceeding for security, although the debt enforcement application concerned a debt collection proceeding for payment. It found that the lower court had violated the principle of disposition by granting a different application than the one submitted. The lower court had granted the defendants definitive debt enforcement in a debt collection proceeding for security, although the debt enforcement application concerned a debt…