Questão jurídica principal
Whether a complaint filed directly with the Federal Supreme Court against an enforcement-office measure is admissible without first appealing to the supervisory authority.
Decisão extraída
The direct federal complaint was inadmissible because the challenged act had to be contested first before the supervisory authority under the Debt Enforcement and Bankruptcy Act.
Fundamentação extraída
Art. 17 para. 1 SchKG provides a complaint to the supervisory authority against any enforcement-office measure, and only the superior supervisory decision may then be brought to the Federal Supreme Court. Alleged grounds for recusal within the supervisory authority do not create federal jurisdiction over a direct challenge to an enforcement-office decision.