Kernrechtsfrage
Whether the conciliation authorization issued by a manifestly incompetent authority was valid and could found a lawsuit.
Extrahierter Entscheid
An authorization to proceed issued by a manifestly incompetent conciliation authority is not valid, so the action is inadmissible.
Extrahierte Begründung
The existence of a valid authorization to proceed is an admissibility requirement examined ex officio. Because competence of the conciliation authority depended on cantonal law and the authority lacked competence ratione valoris, its act was void and had no legal effect.