Key legal question
Whether the subsidiary constitutional appeal was admissible against the cantonal judgment granting definitive removal of opposition.
Extracted holding
No. The challenged judgment was not rendered by a cantonal authority of last instance because an ordinary cantonal nullity complaint was available; the subsidiary constitutional appeal was therefore inadmissible.
Extracted reasoning
The first-instance judgment was issued in summary proceedings. Under Bernese procedural law, a nullity complaint was available for the alleged arbitrary application of law and erroneous assessment of evidence, while appeal was excluded due to the low amount in dispute. As a result, the cantonal remedies had not been exhausted within the meaning of the Federal Supreme Court Act.