Key legal question
Whether the federal appeal was admissible despite an available cantonal remedy against the first-instance costs decision.
Extracted holding
The appeal was inadmissible because the challenged decision concerned only costs and expenses, for which a cantonal appeal under the CPC remained available.
Extracted reasoning
Art. 265a(1) LP removes cantonal remedies only for the substantive decision on return to better fortune. Where only costs and expenses are contested, Art. 110 CPC allows a remedy under Arts. 319 ff. CPC, so the cantonal court had to decide first.