Questão jurídica principal
Whether the Federal Court could review the reduction of the executor's fee bill in composition proceedings.
Decisão extraída
Federal review is available only for items whose fee is fixed directly by the tariff; for other services the fee bill is merely a proposal to the composition authorities and their decision is final.
Fundamentação extraída
Section VI of the tariff fixes remuneration itself only for a few executor tasks. For other tasks, Art. 56 leaves the amount to be fixed by the composition authority based on the services rendered. Accordingly, tariff-fixed items are orders of the executor subject to supervisory review under Art. 295(3) SchKG, whereas the remaining items are only requests to the composition authorities and their decisions on them are not open to complaint or federal appeal.