Questione giuridica chiave
Whether suspensive effect should be granted for an appeal against an order to pay money.
Decisione estratta
Suspensive effect for a monetary payment obligation is granted only in special circumstances, namely if payment would cause the debtor financial difficulties or if repayment would later be doubtful because of the creditor's questionable solvency; the applicant must assert and make these circumstances credible.
Motivazione estratta
The court applied its settled case law under Art. 103(3) BGG and emphasized that the special conditions must be alleged and substantiated, or at least rendered plausible, by the requesting party.