Key legal question
Whether the Zurich Cassation Court violated the principle of good faith by dismissing the pending cantonal nullity complaint as moot after the federal appeal was rejected.
Extracted holding
Yes. After the federal appeals had been dismissed, the parties could legitimately expect the cantonal nullity complaint on costs and compensation to be heard; the mootness dismissal disappointed that reliance.
Extracted reasoning
The Federal Supreme Court had previously agreed that the federal appeals would be decided first only because the cantonal complaint concerned solely costs and compensation. Since the federal appeals were rejected, the cantonal complaint remained relevant. Dismissing it as moot therefore breached Art. 9 BV.