Questão jurídica principal
Whether the complaint could rely on alleged violations of cantonal procedural law and party presentation rules.
Decisão extraída
The Federal Court would not review cantonal procedural law; such a challenge belonged in a constitutional complaint. The cantonal authority had to establish the facts ex officio under federal debt-enforcement law.
Fundamentação extraída
The complaint attacked the application of cantonal procedure, which is outside the scope of the court's review under Art. 79 OG. In addition, Art. 20a(2)(2) SchKG requires ex officio fact-finding.