Question juridique clé
Whether the supervisory bankruptcy authorities may decide if a claim qualifies as a mass liability under Art. 262(1) SchKG.
Solution extraite
No. That question must be decided by the authorities competent to determine the substantive claim, not by the bankruptcy supervisory authorities.
Motifs extraits
Disputes over the character of a claim as a mass debt fall outside supervisory jurisdiction. If the bankruptcy administration treats the asserted mass claim only as an ordinary bankruptcy claim, the claimant must proceed before the ordinary civil court or, depending on the legal basis, the administrative authority against the estate.