Question juridique clé
Whether X. AG had standing to sue for state liability based on the assigned claims
Solution extraite
No. The assigned avoidance claims had already lapsed, so no own damage of X. AG existed, and the state-liability claim was not transferred as an accessory right.
Motifs extraits
The two-year period under Art. 292 SchKG is a forfeiture period and cannot be interrupted. Therefore the avoidance claims were extinguished before assignment under Art. 260 SchKG. A state-liability claim is a самостоятельный public-law claim and is neither a preferential nor an accessory right within Art. 170 OR; it would have required an express assignment.