Questão jurídica principal
Whether the appeal could rely on new factual and legal arguments in a case concerning precautionary measures
Decisão extraída
New factual allegations and legal arguments not raised below were inadmissible; the Federal Supreme Court only reviewed properly reasoned constitutional claims.
Fundamentação extraída
Because the decision concerned precautionary measures under Art. 98 BGG, only constitutional violations could be reviewed and the appellant had to meet the strict duty of substantiation. Arguments not presented to the cantonal court could not be considered.