Civil Attachment Of Aircraft

The attachment of a debtor's assets is a very convenient tool for securing the recovery of an outstanding claim. Besides conventional assets, such as bank accounts or real estate, the creditor may also consider attaching more exotic items owned by the debtor: luxury cars, artworks or, why not, a private jet. We set out below the key requirements and certain practical aspects to consider when seeking the attachment of an aircraft located in Switzerland.

The requirements for attaching an aircraft: two different routes

Under Swiss law, outside criminal proceedings, the attachment of assets in view of securing a claim is governed by the Debt Enforcement and Bankruptcy Act (DEBA). The general conditions that the creditor must establish, on a prima facie basis, for an attachment to be ordered are as follows: