Kernrechtsfrage
Whether the Federal Supreme Court could enter into the appeal against the cost order contained in an interlocutory cantonal decision on a delay complaint.
Extrahierter Entscheid
The appeal was in principle admissible because the main matter was a non-pecuniary civil case and delay complaints do not require proof of irreparable harm, but the appellant's submissions failed to raise a proper constitutional challenge to the cost allocation.
Extrahierte Begründung
The court held that the cost ruling followed the admissibility of the delay complaint and was subject to the same appellate route as the main issue. However, review of the cantonal cost allocation based on Art. 116 ZPO was limited to arbitrariness. The appellant's arguments were merely appellatory and did not show a specific violation of constitutional rights.