Federal Court lacks competence for complaint about non-executionKI-generiert

Spahr, a creditor in the bankruptcy of Jakob Städeli, asked the Federal Court to force compliance with an earlier Federal Court judgment and to accelerate the liquidation. The Court held that complaints about non-execution of a federal judgment by a canton fall under Art. 45 OG and must be brought to the Federal Council, not the Federal Court. It further held that the request to speed up the bankruptcy proceedings was, in substance, a complaint against the bankruptcy office and should first have been submitted to the cantonal supervisory authority; no actionable delay by that authority under Art. 19(2) SchKG was shown. The appeal was therefore not entered into.