Questão jurídica principal
Whether the Federal Supreme Court could hear the filing as a civil-law appeal or as a constitutional complaint
Decisão extraída
A civil-law appeal was unavailable because the dispute concerned recusal in a mainlevée proceeding with a value below CHF 30,000; the filing was therefore treated as a constitutional complaint.
Fundamentação extraída
The recusal decision in a mainlevée case with a value in dispute of CHF 300 does not meet the monetary threshold for an ordinary civil appeal.