Question juridique clé
Whether the federal appeal was admissible despite the alleged invalidity of the conciliation settlement.
Solution extraite
The appeal was inadmissible because the cantonal remedies had not been exhausted; a challenge to the settlement had first to be brought before the cantonal court last deciding on the matter by way of revision.
Motifs extraits
Under Art. 75(1) and Art. 113 BGG, federal review presupposes exhaustion of the cantonal instance chain. The appellant himself referred to Art. 328(1)(c) ZPO as the proper route to challenge an allegedly invalid judicial settlement. Since that remedy had not been used, the Federal Supreme Court could not entertain the appeal.