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BGE 10 I 244 ΓÇó Direct filing to Federal Court held inadmissible
BGE 10 I 244Federal Supreme Court Official Reports (BGE) / Band ISep 9, 1882Inadmissible
The plaintiffs claimed CHF 5,000 plus interest and costs for alleged credit damage. Although the parties agreed before the justice of the peace to skip the cantonal instances and proceed directly to the Federal Court, the court held that in cases governed by federal obligations law under its ordinary appellate jurisdiction, direct filing is excluded. Only the second cantonal instance may be bypassed. The action was therefore not entered into.
Art. 29, 30, 31 Abs. 2 OG; direct action before the Federal Court in disputes within its ordinary appellate jurisdiction. Where the Federal Court is designated by law as appellate instance, the parties may not prorogue it as sole instance by agreement. Art. 31 Abs. 2 OG applies only to disputes not otherwise assigned by law to the Federal Court. The rules on the instances are mandatory public law and cannot be waived by private agreement; at most, the intermediate cantonal appellate instance may be omitted, where the statute so permits.