Questione giuridica chiave
Whether an appeal under Art. 19 LP and Arts. 78 ff. OJ lies against a decision refusing suspensive effect in debt-enforcement complaint proceedings.
Decisione estratta
No. A decision on suspensive effect is not challengeable by an LP appeal; the only possible remedy is a public-law appeal under Arts. 84 ff. OJ.
Motivazione estratta
The court relied on its case law and commentary stating that orders on suspensive effect are outside the scope of LP appeals. Since the appellant knowingly chose the wrong legal remedy, conversion into a public-law appeal was excluded.