Kernrechtsfrage
Whether the Federal Tribunal could hear a complaint against an interlocutory remand decision on initial rent fixation.
Extrahierter Entscheid
The appealed judgment was an interlocutory decision; the appellant showed neither irreparable harm nor that immediate admission would lead to a final decision avoiding lengthy and costly evidence, so the appeal was inadmissible.
Extrahierte Begründung
The lower decision did not end the proceedings but sent the case back for further instruction and a new decision. Under Art. 93 LTF, admissibility is exceptional and must be demonstrated by the appellant; no such showing was made, and rent fixation cases do not usually require lengthy or costly evidence.