Key legal question
Whether the refusal to stay the exequatur proceedings was appealable to the Federal Tribunal
Extracted holding
The complaint was not admissible because Swiss law, interpreted in light of Lugano/Brussels case law, provides no Federal Tribunal remedy against a refusal to stay exequatur proceedings.
Extracted reasoning
Arts. 37 and 38 aCL, read consistently with ECJ case law, do not open a further appeal against a decision refusing suspension of exequatur proceedings.