Questione giuridica chiave
Whether a recourse is admissible against the refusal of a stay of proceedings under § 59 Abs. 3 ZPO.
Decisione estratta
Yes. The recourse remedy covers not only orders granting or lifting a stay, but also the refusal of a stay request.
Motivazione estratta
The wording of § 59 ZPO does not limit the remedy to the ordering and lifting of a stay. It would be unjustified to deny review where a potentially existing ground for suspension may have been overlooked, and procedural economy may also require appellate review. The court confirmed its prior practice.