Key legal question
Whether the appellant had standing to lodge a civil-law appeal after deliberately refraining from participating before the cantonal court.
Extracted holding
No. A party that was invited to take part in the cantonal proceedings but deliberately declined to do so cannot later challenge the adverse decision before the Federal Supreme Court.
Extracted reasoning
Article 76(1)(a) LTF requires prior participation or being deprived of the opportunity to participate. The appellant had the opportunity to be heard in the cantonal appeal but consciously waived it, so it could not invoke federal review for the first time.