Whether the appeal against the refusal of time restitution under Art. 149 CPC is admissible at cantonal level.
The appeal is inadmissible because Art. 149 CPC provides for a definitive decision on restitution of time, which excludes an ordinary cantonal appeal or complaint.
The court followed the majority view in the doctrine and prior cantonal case law, noting that the Federal Supreme Court had not yet decided the point and that the statutory wording and system of the CPC bar cantonal review.