Kernrechtsfrage
Whether a federal appeal was admissible against the cantonal decision refusing to decide on requested enforcement warnings in an injunction case.
Extrahierter Entscheid
The appeal was inadmissible because the contested point was decided solely under cantonal procedural law and did not require application of federal law.
Extrahierte Begründung
Under Art. 56 OG, federal appeal lies only for points decided or to be decided under federal law. The appellate court did not decide whether the requested warnings were compatible with Art. 110 OR; it held only that the matter belonged to the summary enforcement judge under cantonal law. Therefore no federal-law issue existed that could be reviewed under Arts. 56 and 57 OG.