Questione giuridica chiave
Whether the subsidiary constitutional appeal was admissible and whether a cassatory conclusion was permissible.
Decisione estratta
The appeal was, in principle, admissible; the cassatory request was also admissible because remittal would be necessary if the appeal were upheld.
Motivazione estratta
The dispute value for an ordinary civil appeal was not reached, and the appellant raised constitutional complaints against a final cantonal judgment. A cassatory request is allowed when the Federal Tribunal could not decide the merits itself due to missing factual findings.