Kernrechtsfrage
Whether the reform appeal was admissible against the cantonal incidental decision confirming the Lease and Rent Tribunal's subject-matter jurisdiction.
Extrahierter Entscheid
The appeal in reform was not admissible because the challenged ruling applied cantonal competence rules and did not concern a violation of federal law on the decisive point.
Extrahierte Begründung
Under Art. 49(1) OJ, reform appeal against an incidental decision is possible only for violations of federal rules on subject-matter or territorial jurisdiction. Here, the cantonal court applied Art. 56A let. a LOJ and only incidentally addressed whether the dispute was one relating to a lease. Subject-matter jurisdiction in this area is governed by cantonal law under Art. 274 CO, so the federal-law argument fell outside the scope of reform appeal.