Questione giuridica chiave
Whether the Federal Supreme Court could review alleged violations of the new Swiss Civil Procedure Code in this pending case.
Decisione estratta
The new Code of Civil Procedure did not apply because the appeal judgment had been issued before its entry into force for the case.
Motivazione estratta
For pending cases, former procedural law governs until completion before the relevant instance, and appellate review is governed by the law in force when the decision is issued.