Question juridique clé
Whether an out-of-canton insurer's decision lifting objection permits continuation of enforcement only after the debtor's Art. 81(2) SchKG objections are rejected by the opening judge.
Solution extraite
Yes. The insurer's decision was treated as an out-of-canton recognition decision under Art. 79(2) SchKG, so the enforcement office had to set a deadline for objections and could continue only after a rejecting opening decision from the opening judge at the place of enforcement.
Motifs extraits
The insurer had decided the payment obligation and simultaneously lifted the objection in the enforcement proceedings. For out-of-canton recognition decisions, the debtor's objections under Art. 81(2) SchKG remain available, and the enforcement office may only verify whether a formally admissible objection was raised; it cannot decide its merits.