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BGE 34 II 122 ΓÇó Enforcement decision is not a final judgment for appeal
BGE 34 II 122Amtliche Sammlung des Bundesgerichts (BGE) / Band II03.02.1908Inadmissible
The Federal Court held that the Basel Appellationsgericht’s decision, which merely declared a foreign judgment enforceable and ordered child delivery in execution of that judgment, was not a main judgment within the meaning of Art. 58 OG. Because the decision concerned only enforcement and not the underlying civil obligation, the defendant’s appeal was inadmissible. The Federal Court therefore did not enter into the appeal.
Art. 58 OG; appeal admissibility depends on whether the challenged decision is a main judgment; an enforcement or exequatur decision is not a main judgment. The decisive criterion is the substance of the decision, not its external form. A decision that merely determines enforceability of a foreign judgment, without adjudicating the underlying civil claim, is a procedural enforcement decision and cannot found a federal appeal as a final merits judgment (consid. 1).