Key legal question
Whether definitive debt enforcement opening could be granted in a payment collection based on a tax security order without a final tax assessment
Extracted holding
No. In a payment collection, definitive opening requires a final tax assessment; the existing security order was not sufficient.
Extracted reasoning
A tax security order is immediately enforceable and can support opening in some circumstances, but for a collection for payment the tax debt must already be finally assessed. Since no final assessment existed, the conditions of Art. 81 SchKG were not met.