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BGE 37 I 590 ΓÇó Federal Court lacks competence for complaint about non-execution
BGE 37 I 590Amtliche Sammlung des Bundesgerichts (BGE) / Band I08.12.1910Inadmissible
Spahr, a creditor in the bankruptcy of Jakob Städeli, asked the Federal Court to force compliance with an earlier Federal Court judgment and to accelerate the liquidation. The Court held that complaints about non-execution of a federal judgment by a canton fall under Art. 45 OG and must be brought to the Federal Council, not the Federal Court. It further held that the request to speed up the bankruptcy proceedings was, in substance, a complaint against the bankruptcy office and should first have been submitted to the cantonal supervisory authority; no actionable delay by that authority under Art. 19(2) SchKG was shown. The appeal was therefore not entered into.
Art. 45 OG; complaints concerning non-execution of a Federal Court judgment by a canton are not cognizable by the Federal Court but must be addressed to the Federal Council. Art. 19 Abs. 2 SchKG; a complaint alleging delay in bankruptcy administration is admissible before the Federal Court only if it alleges a denial of justice or undue delay attributable to the cantonal supervisory authority; where the grievance concerns the bankruptcy office itself, the cantonal supervisory remedy must be exhausted first. The Court lacks competence ex officio in such matters.