Kernrechtsfrage
Whether the appeal against the discontinuance order was admissible under Art. 319 lit. b ZPO.
Extrahierter Entscheid
The appeal was not admissible because the appellant failed to show a non-reparable disadvantage, which is required for challenging such a procedural order.
Extrahierte Begründung
A discontinuance under Art. 206(1) ZPO is only appealable under Art. 319 lit. b Ziff. 2 ZPO if the appellant substantiates an irreparable disadvantage. The appellant merely argued that it had not withdrawn the conciliation request and did not explain any concrete, irreparable harm. The court also found no such harm apparent because a new conciliation request remained possible.