Questione giuridica chiave
Whether the federal appeal remained live after the cantonal cassation decision annulled the challenged judgment and remitted the case.
Decisione estratta
The appeal had become moot and was therefore struck off the docket.
Motivazione estratta
Because the Zurich Court of Cassation upheld the cantonal nullity complaint, set aside the Commercial Court judgment, and remitted the case, and that decision was not challenged before the Federal Supreme Court within the time limit, the appeal against the earlier judgment no longer had a subject matter.