Questione giuridica chiave
Admissibility of a federal cassation complaint against a cantonal ruling limited to debt-enforcement release
Decisione estratta
The complaint was inadmissible because cassation lies only against a cantonal main judgment deciding the merits, not against a ruling on the admissibility of debt enforcement.
Motivazione estratta
Under Art. 89 OG, the remedy is available only where the cantonal court has applied cantonal or foreign law instead of federal law in a merits judgment. Here the lower instance merely decided whether debt enforcement release could be granted; therefore the Federal Court lacked competence.