Kernrechtsfrage
Whether the appeal should be struck out because the legal interest had lapsed after remittal in another proceeding.
Extrahierter Entscheid
The appeal was struck out because the appellant no longer had a protectable interest in having the challenged order reviewed.
Extrahierte Begründung
The earlier Federal Supreme Court judgment of 18 April 2011 annulled the Commercial Court judgment of 16 June 2008 and remitted the case, so review of the present appeal was no longer useful.