Key legal question
Whether the old 1834 bankruptcy treaty with Bavaria entitled the foreign insolvency administrator to Swiss legal assistance and transfer of bank assets.
Extracted holding
No. The treaty could not be relied on here because the company was already in Swiss bankruptcy liquidation when the German main insolvency was opened; the foreign proceeding therefore could not displace the prior Swiss proceeding.
Extracted reasoning
The court held that the richterliche liquidation under Art. 731b OR is treated like a bankruptcy decree. Since the Swiss proceeding was already pending, the German opening did not obtain universal effect in Switzerland. The cantonal authority's refusal to apply the treaty was not arbitrary.