Question juridique clé
Whether a Federal Supreme Court complaint can be used to seek annulment of enforcement and restitution when the law requires a judicial action under Arts. 85a and 86 LP.
Solution extraite
No. The requested relief must be pursued before the competent judicial authority, so a complaint under Art. 19(1) LP is not available.
Motifs extraits
Arts. 85a and 86 LP expressly provide a judicial route for declaring non-existence or extinction of the debt and for restitution of undue payment. Where the statute prescribes the judicial path, a supervisory complaint to the Federal Supreme Court is inadmissible.