Questão jurídica principal
Whether the defendant's remedy against the refusal to stay the civil proceedings is a rekurs or a complaint.
Decisão extraída
A rekurs is not available against a decision refusing a stay; the remedy must be treated as a complaint.
Fundamentação extraída
Under § 254(2) ZPO, rekurs lies against an order staying an appealable civil case pending another civil or criminal case. The legislature did not provide a rekurs against decisions refusing a stay. Because granting a stay can create serious, sometimes irreparable, consequences, a broad remedy is justified only in that situation; refusal of a stay normally causes no irreparable procedural or substantive harm.