Questão jurídica principal
Whether the creditor’s alleged contractual waiver of the right to commence debt enforcement can be raised by complaint to the supervisory authorities.
Decisão extraída
No. Such a defense must be asserted by objection under Art. 69 No. 3 and then decided by the ordinary civil court.
Fundamentação extraída
The dispute concerns whether the creditor is contractually bound not to enforce the claim, which is a civil-law question for the judge. Supervisory authorities cannot assume concurrent jurisdiction over that question.