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BGE 37 I 612 ΓÇó Complaint against general enforcement notice inadmissible
BGE 37 I 612Recueil officiel du Tribunal fédéral (ATF) / Volume I1 janv. 1912Inadmissible
The Basler Kantonalbank challenged a public notice by the Basel-Stadt enforcement and bankruptcy office concerning mortgage enforcement and the collection of tenant and rent information. The Federal Tribunal held that no concrete enforcement act had yet been directed at the bank and that only a hypothetical future injury was alleged. Because the challenged notice was a general announcement and not a measure in a specific enforcement proceeding, the complaint was premature and not admissible under Art. 17 SchKG. The appeal was therefore not entered into.
Art. 17 SchKG; admissibility of a complaint against a general announcement of an enforcement office. A complaint is only admissible against a concrete act or omission in a specific enforcement matter. General statements of opinion or advance instructions addressed to the public, which do not yet affect a party in a particular proceeding, do not constitute appealable measures. A party cannot compel supervisory authorities to rule in advance on hypothetical future disputes; such authorities may intervene ex officio only if a notice appears erroneous or unlawful (consid. 2).
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