Questão jurídica principal
Whether the Federal Supreme Court could entertain a request to declare the first-instance judgment null in an appeal against a non-entry decision.
Decisão extraída
No; the appeal was directed only against the appellate court’s non-entry decision, so the request attacking the merits of the first-instance judgment was inadmissible.
Fundamentação extraída
When the cantonal court decides only inadmissibility, the federal appeal may challenge only that refusal to enter into the merits, not the underlying merits judgment.