Questione giuridica chiave
Whether the appeal could rely on references to the cantonal record and factual assertions deviating from the appellate judgment.
Decisione estratta
Such parts of the appeal were not admissible; the Federal Court had to proceed from the facts established in the challenged judgment.
Motivazione estratta
In cassation proceedings the Court is bound by the facts stated in the appealed decision. Departing factual allegations and mere references to the record are inadmissible under the procedural rules.