Question juridique clé
Whether an LP appeal is admissible against a cantonal decision on recusal in debt-enforcement proceedings.
Solution extraite
The appeal is inadmissible because a recusal decision is not a decision under Art. 19 para. 1 LP and is, in principle, an incidental decision not open to LP appeal to the Federal Tribunal.
Motifs extraits
Art. 19 para. 1 LP covers only decisions on complaints against measures or omissions of enforcement/bankruptcy authorities. A recusal ruling does not fall within that concept, and the LP panel may address recusal only when seized of a proper LP appeal. The only ordinary remedy would be constitutional public-law appeal.