Kernrechtsfrage
Whether the Federal Tribunal could hear the challenge to the refusal of suspensive effect.
Extrahierter Entscheid
Yes. The decision was incidental, caused irreparable harm risk, and the matter exceeded the civil-law value threshold; the mislabeled subsidiary constitutional complaint was treated as a civil appeal.
Extrahierte Begründung
Refusal of suspensive effect exposed the tenant to eviction and possible loss of the apartment, creating irreparable prejudice. The dispute concerned lease termination, so the amount in dispute reached the statutory threshold.