Key legal question
Whether the civil appeal against the cantonal decision declaring the challenge to the authorization to proceed inadmissible was admissible.
Extracted holding
The appeal was dismissed because the challenged authorization to proceed is not susceptible to appeal or complaint; its validity may instead be raised before the trial court as a question of admissibility.
Extracted reasoning
Under the relevant Federal Court case law, an authorization to proceed under Art. 209 CPC is not appealable. The cantonal decision was therefore unassailable in its dispositive part, and the Federal Court did not need to examine the remaining admissibility requirements.