Questão jurídica principal
Whether the cantonal court had to enter into the appeal against the refusal of restitution by the conciliation authority.
Decisão extraída
Yes. Under Art. 149 CPC, a refusal of restitution is appealable when it causes a definitive loss of rights because of a peremptory deadline.
Fundamentação extraída
The refusal of restitution before the conciliation authority definitively deprived the tenants of the grounds for challenging the notice under Arts. 271 and 271a CO. The cantonal court therefore erred in treating the appeal as inadmissible.