Questão jurídica principal
Whether the cantonal civil court had to suspend proceedings after the defendant merely declared that he would appeal to the Federal Court.
Decisão extraída
No. A mere declaration of intent to seek federal review does not suspend the cantonal proceedings; suspension requires an express order by the Federal Court or its President, or voluntary recognition by the cantonal authorities.
Fundamentação extraída
Under the federal judiciary act, even the actual filing of a constitutional complaint does not automatically suspend the case. Article 63 leaves interim protective measures to the Federal Court President on request. Therefore the defendant could not refuse to plead and could not complain about the ensuing default proceedings.