Questione giuridica chiave
Whether the office could require the creditor to advance seizure costs when continuation of enforcement was requested without a new payment order.
Decisione estratta
Yes. Once validly seized of the request to continue enforcement, the office had to carry out the seizure and could require advance payment of the related costs from the creditor.
Motivazione estratta
Art. 68(1) SchKG leaves no discretion: the creditor must advance the costs of enforcement acts performed on request. The continuation under Art. 149(3) SchKG avoided a new payment order, but not the new costs caused by resuming the procedure. The seizure had to proceed without delay under Art. 89 SchKG.