Question juridique clé
Whether the filing was a recourse or an appeal under the CPC against an incident judgment in a patrimonial case.
Solution extraite
The challenged decision was appealable under Art. 308 CPC because the value in dispute exceeded CHF 10,000; the recourse was therefore inadmissible.
Motifs extraits
Since the dispositive of the incident judgment was communicated after 1 January 2011, the CPC applied. Under Art. 308 CPC, appeals lie against first-instance final and incident decisions in patrimonial matters above the statutory threshold. As the threshold was met, the proper remedy was an appeal, not a recourse.