Question juridique clé
Whether the civil appeal was admissible without prior cantonal appellate review.
Solution extraite
No. The challenged interim-measures decision could have been appealed to the competent cantonal higher court, so the requirement to exhaust cantonal remedies was not met.
Motifs extraits
Under Art. 75(1) LTF, a civil appeal lies only against decisions of the last cantonal instance or the Federal Administrative Court. Because the pretor's decision was appealable under the CPC to a higher cantonal judicial authority, direct recourse to the Federal Supreme Court was excluded.