Questão jurídica principal
Whether the Richteramt Thal-Gäu had local jurisdiction for debtor instruction
Decisão extraída
No. Debtor instruction is a sui generis enforcement measure and not enforcement under Arts. 335 ff. ZPO; therefore Art. 339(1)(c) ZPO does not apply. Jurisdiction follows Arts. 23 and 26 ZPO, and no party was domiciled in the district.
Fundamentação extraída
The court relied on Federal Supreme Court case law and the exhaustive nature of the enforcement measures in Art. 343(1) ZPO. Because the order sought was not among those measures, the first instance lacked territorial jurisdiction and should not have entered into the request.