Legislator Case Law & Legislation
DE FR IT EN
Analyze in Legislator
281.1 EGSCHKGLALP CH-VS

Art. 19 Act implementing the Federal Act on Debt Collection and Bankruptcy (LALP) - Upper Authority

Complaint Authority and Complaint - Complaint Authorities
Open official source Full Act (38 Articles) Machine-readable Markdown (.md)

Art. 19 EGSchKG - Upper Authority · Upper Authority

1. The Cantonal Court is the higher authority in matters of appeal. For this purpose, it forms a three-member division with two deputies. However, a single judge may adjudicate on an appeal against a decision on a complaint.

2. ...

3. ...

4. The higher authority rules on complaints against decisions of the lower authorities.

5. ...

← Art. 10 EGSchKG - Liability and Recourse Act implementing the Federal Act on Debt Collection and Bankruptcy (LALP) - Principles Art. 20 EGSchKG - Lower Authority →

Need to analyze how this provision applies to your matter?

Cross-reference this statute against case law, commentaries, and related legislative provisions inside Legislator AI.

Open in Legislator →

Court Decisions Applying This Provision (8)

LP 24 29 · vs (art. 19 al. 1 3e phr. LALP ; art. 20 al. 3 LOJ)
Appellant v. Supervisory Authority concerning Debt Discharge Action Abandonment and Fee Payment Deadline
Cited in the reasoning regarding the composition of the court (single judge).
LP 24 29 · vs (art. 19 al. 1 et 4, et 20 LALP)
Appellant v. Supervisory Authority concerning Debt Discharge Action Abandonment and Fee Payment Deadline
Cited in the reasoning to define the jurisdiction of the superior cantonal monitoring authority.
LP 21 14 · vs (art. 19 al. 1 1ère phrase LALP)
Debtor's Appeal on Restitution of Opposition Deadline Following Abroad Absence Due to COVID-19
Cited in the reasoning to establish the jurisdiction of the Cantonal Tribunal as the higher authority for complaints.
LP 21 14 · vs (art. 19 al. 1 3ème phrase LALP)
Debtor's Appeal on Restitution of Opposition Deadline Following Abroad Absence Due to COVID-19
Cited in the reasoning concerning the composition of the court (single judge), but not in the dispositive.
LP 19 43 · vs (art. 3a LALP en lien avec l’art. 18 al. 2 ORFI, ainsi que art. 19 al. 4 LALP)
Office of Property Administrator Defense in Tenant Lease Dispute
Cited as the basis for the Cantonal Tribunal's jurisdiction as the higher supervisory authority over the lower authority's decision regarding enforcement proceedings.
LP 19 44 · vs (art. 19 al. 1 3ème phrase LALP)
Enforcement Office Defense in Tenant Offset Litigation
Cited in the reasoning regarding the court composition, but not in the final orders.
LP 19 44 · vs (art. 19 al. 4 LALP)
Enforcement Office Defense in Tenant Offset Litigation
Cited in conjunction with Art. 3a LALP as the basis for the Cantonal Tribunal's jurisdiction as the superior surveillance authority.
LP 13 17 · vs (Art. 19 Abs. 1 EGSchKG)
Tax Authority Debt Collection Proceedings Challenge Over Procedural Formalities and Abuse of Right
Cited in the reasoning regarding the competence of the Cantonal Court as the superior supervisory authority.