Question juridique clé
Whether the cantonal court arbitrarily declared the nullity appeal inadmissible under Vaud procedure
Solution extraite
No. The cantonal court implicitly considered the cross-reference from Art. 444(2) CPC/VD to Art. 451a(3) CPC/VD and could treat the appeal as inadmissible because the statutory conditions were not met.
Motifs extraits
The Federal Tribunal held that the reasoning of the cantonal decision showed it had not ignored the relevant provision; rather, it examined the limits of the subsidiary remedy and concluded that none of the statutory grounds for opening it were present.