Question juridique clé
Whether an appeal lies against the first-instance decision declaring the best-fortune objection admissible or inadmissible under Art. 265a para. 1 LP.
Solution extraite
The first-instance decision on the debtor's best-fortune objection is not subject to any appeal; the filed appeal is therefore inadmissible.
Motifs extraits
Art. 265a para. 1 LP provides that the judge of the enforcement forum decides the objection and that the decision, whether declaring it admissible or inadmissible, is not appealable. An incorrect indication of appeal rights cannot create a nonexistent remedy.