Questão jurídica principal
Whether the cantonal supervisory authority correctly held the complaint against the lower supervisory decision to be out of time despite Betreibungsferien.
Decisão extraída
Yes. The ten-day complaint period was not suspended by Betreibungsferien because the challenged act was not a prohibited enforcement act within the meaning of the statute.
Fundamentação extraída
The court followed its case law that the effect of Betreibungsferien on the time limit applies only where the supervisory authority itself intervenes in the enforcement process by ordering an enforcement act. A mere decision on the merits or non-entry does not qualify as such an act; therefore the complaint filed after the ordinary ten-day period was late.