Questione giuridica chiave
Whether the cantonal debt enforcement authorities violated federal law by departing from an existing cantonal circular and using a draft circular's rates to calculate the debtor's minimum subsistence.
Decisione estratta
No. Federal law does not make such cantonal guidelines binding; Art. 93 SchKG leaves the debt enforcement officer discretion, subject to review for appropriateness by the supervisory authorities.
Motivazione estratta
The Federal Court held that only a violation of federal law can be raised on appeal. Art. 93 SchKG confers discretion on the debt enforcement officer. Cantonal authorities are therefore not bound blindly by internal circulars but must assess whether their application yields an appropriate result in the конкретe case. The lower authorities remained within that discretion by preferring the draft circular's rates because they better matched the circumstances.