Questão jurídica principal
Whether the payment order issued against the Swiss Compensation Fund was valid or null because the debtor lacked legal personality and the real debtor was the Confederation.
Decisão extraída
The payment order was null: the action had to be directed against the Confederation, and service on a non-legal entity at an improper seat rendered the measure void under Art. 22 LP.
Fundamentação extraída
The Fund had no legal personality; for claims against a non-personality branch of the federal administration, enforcement must be directed against the State. Since the payment order named and served a non-legal entity in Geneva instead of the Confederation in Bern, it contravened public-interest enforcement rules and was void.