Questão jurídica principal
Whether the federal appeal should be dismissed as moot after the cantonal cassation court set aside the challenged judgment.
Decisão extraída
Yes. Because the challenged commercial court judgment had already been annulled and remitted by the cantonal cassation court, the federal appeal had become moot and had to be struck off the list.
Fundamentação extraída
The cantonal cassation decision was not itself challenged before the Federal Supreme Court within the statutory time limit, so the appealed judgment no longer existed as an operative decision.