Key legal question
Whether the federal appeal for denial of justice / unjustified delay is admissible.
Extracted holding
Yes. The Federal Supreme Court held that a civil appeal is available against a failure to decide or undue delay, and that cantonal remedies were exhausted.
Extracted reasoning
Under Art. 94 LTF, a party may appeal if the seized court wrongly refrains from deciding or delays a decision. Because the dispute concerned a civil tenancy matter with sufficient value in dispute and no cantonal remedy existed for denial of justice in Geneva, the court entered into the appeal.