Questione giuridica chiave
Was the complaint against the lower supervisory decision filed within the 10-day deadline under Art. 18 SchKG, considering the Christmas holiday period?
Decisione estratta
No. The deadline was not extended by the debt-enforcement holiday rules on these facts, and the complaint filed on 6 January 2003 was late if service occurred on 16 December 2002.
Motivazione estratta
The Federal Court accepted the cantonal finding that the lower decision had been served on 16 December 2002. The challenged decision was not itself a debt-enforcement act that would trigger Art. 63 SchKG, because the supervisory authority merely ruled on a complaint and did not order a separate enforcement act.