Question juridique clé
Whether the canton was liable under Art. 5 SchKG for the betreibungsamt's premature release of the attached asset
Solution extraite
The premature release was unlawful, but the creditor failed to prove an adequately caused compensable loss.
Motifs extraits
The arrest object could not lawfully be released before the loss certificate was issued, but the alleged loss depended on whether the capital was actually pfändbar; the claimant did not show that the later loss certificate or the delayed service caused a recoverable damage.