Questione giuridica chiave
Whether service of enforcement documents to a debtor domiciled in Panama had to be made by publication under Art. 66(4)(3) SchKG.
Decisione estratta
No. Edictal service is exceptional and requires that diplomatic or other ordinary foreign service is impossible within a reasonable time; a 5-15 month delay for Panama did not meet that threshold.
Motivazione estratta
The court held that Art. 66(3) SchKG is the rule for foreign domiciles and publication under Art. 66(4)(3) SchKG only an exception. Panama was classified by the Federal Office as 'difficult,' not 'very difficult,' and the stated duration was not so extraordinary as to make publication necessary, especially compared with other countries where delays were similar or longer.