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BO.2014.16 ΓÇó Appeal must contain requests and sufficient reasoning
BO.2014.16Übriges Gericht16.06.2014Inadmissible
The appellate court addressed an appeal against an inadmissibility decision and the related restoration ruling. It held that a restoration request is decided by the court before which the deadline was missed and may be challenged together with an appeal against the inadmissibility decision. But an appeal must contain specific requests and a sufficiently clear, concise reasoning. Since those requirements were not satisfied, the court refused to enter into the appeal.
Art. 149 ZPO, Art. 311 Abs. 1 ZPO; admissibility of an appeal against an inadmissibility decision and a restoration ruling. The court deciding on a restoration request is the court before which the deadline was missed. The restoration ruling may be challenged together with the appeal against the inadmissibility decision, which constitutes a final decision under Art. 308 para. 1 lit. a and para. 2 CPC. However, appellate jurisdiction presupposes that the appeal contains both requests and a reasoning that, at least in summary form, engages with the challenged decision and shows why it is wrong and should be amended. The reasoning must be sufficiently precise and unambiguous to be readily understood by the appellate court (consid. 2a).
Erwägungen (Auszug)
II.
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(Es folgen Ausführungen dazu, dass die Voraussetzung ausreichender Anträge und einer genügenden Begründung nicht erfüllt sei, weshalb auf die Berufung nicht eingetreten werden könne.)