Questão jurídica principal
Whether Art. 404(1) CPC requires the new federal CPC to apply after remand when the first-instance proceedings began under the old cantonal procedural law.
Decisão extraída
The first-instance proceedings remain governed by the old Zurich procedural law even after remand, because the remand restores the case to the state before judgment was rendered.
Fundamentação extraída
Art. 404(1) CPC preserves the procedural law applicable when the action was introduced. A remand does not start a new first-instance proceeding; it merely returns the case to the pre-decision stage. Therefore the old cantonal rules continue to govern the renewed first-instance proceedings.