Key legal question
Whether the constitutional complaint was admissible despite an available appeal on the same points
Extracted holding
The complaint was inadmissible because the challenged objections concerned the interpretation of claims under federal law and could have been raised by appeal.
Extracted reasoning
Under Art. 84(2) OG, constitutional complaint is excluded where the alleged violation can be raised by another remedy. The appellant’s criticism targeted the construction of its counterclaim under Art. 55 MSchG and Art. 9 UWG, which is a federal-law issue reviewable by appeal.