Kernrechtsfrage
Whether the appeal still served a concrete enforcement purpose after the closing of the urgent sale.
Extrahierter Entscheid
No. Once the closing had taken place and the interim measures were no longer challenged, there was no longer any concrete interest in reviewing the validity of the conditional assignment or the publication.
Extrahierte Begründung
Consistent case law requires that the appeal be capable of achieving a concrete result in enforcement proceedings. Because the closing occurred on 1 February 2006 and no appeal was filed against the decisions lifting or refusing interim relief, the contested transaction was already effective and could no longer be undone by this appeal.