Questão jurídica principal
Whether the subsidiary constitutional appeal was admissible and whether a cassatory conclusion was permissible.
Decisão extraída
The appeal was, in principle, admissible; the cassatory request was also admissible because remittal would be necessary if the appeal were upheld.
Fundamentação extraída
The dispute value for an ordinary civil appeal was not reached, and the appellant raised constitutional complaints against a final cantonal judgment. A cassatory request is allowed when the Federal Tribunal could not decide the merits itself due to missing factual findings.