Kernrechtsfrage
Whether the single judge at Arbon lacked jurisdiction because a tenancy conciliation authority had to be seized first for the debt-acknowledgment action.
Extrahierter Entscheid
The single judge was correctly found incompetent; the action had to be brought before the tenancy conciliation authority, and the respondent suffered no loss of rights because a new filing period began.
Extrahierte Begründung
The new Federal Supreme Court case law on tenancy disputes applies immediately. Although the respondent relied on prior Thurgau practice, this was only a clarification of the law. Under Art. 32(3) SchKG, dismissal for lack of jurisdiction opens a new period, so no irreparable procedural loss arises.