Question juridique clé
Whether the appeal against the instruction order was admissible under Art. 319 CPC.
Solution extraite
The refusal to strike an expert report is an instruction order; since no specific appeal route exists, admissibility depends on a risk of difficult-to-repair prejudice, which was not shown.
Motifs extraits
Art. 319 let. b ch. 2 CPC applies to such orders only if they may cause irreparable harm. The court saw no such prejudice from keeping the expert report in the file.