Questão jurídica principal
Whether the debt enforcement office had standing under Art. 19 SchKG to challenge the cantonal supervisory decision.
Decisão extraída
The debt enforcement office lacked standing because the decision did not affect its monetary tariff interests or its own material or personal interests, nor the canton’s fiscal interests.
Fundamentação extraída
Appeals by a debt enforcement office are only admissible in narrow cases, notably tariff matters or where the decision affects the office’s own interests or the canton’s fiscal interests. Here, the order concerned only the withholding of information to third parties under Art. 8a Abs. 3 lit. c SchKG, an obligation imposed in the debtor’s interest. The office merely disputed the underlying case law and had to comply with the supervisory authority even if it considered the decision unlawful.