Questão jurídica principal
Whether a stay order under § 87 ZPO may be independently challenged by Nichtigkeitsbeschwerde without proving irreparable harm.
Decisão extraída
Yes. A stay order is a procedural order whose legality must be reviewable independently of any irreparable harm because an unlawful stay is equivalent to an unlawful delay or refusal of justice.
Fundamentação extraída
Under § 265(2) ZPO, procedural orders are separately challengeable when irreparable harm threatens; however, a stay is a special case. If a stay is unlawful, it produces the same effect as a court-caused delay of proceedings, i.e. a constitutional denial or delay of justice. That concern is reviewable under the cantonal supervisory complaint in § 286(2)(a) ZPO, so admissibility cannot depend on irreparable harm.