Questão jurídica principal
Whether the federal appeal against the cantonal interlocutory decision on prescription was admissible under Art. 93 LTF.
Decisão extraída
The appeal was not admissible because the challenged decision caused no irreparable legal prejudice and the appellant failed to show that immediate admission would avoid a long and costly evidentiary proceeding.
Fundamentação extraída
The prescription ruling was an interlocutory decision on a preliminary issue of substantive law. No irreparable legal harm existed, since the prescription issue could be raised again against the final judgment. The alternative ground of Art. 93(1)(b) LTF also failed because the appellant provided no concrete explanation of a lengthy and costly evidentiary phase.