Questão jurídica principal
Whether the federal appeal should be struck from the docket because the challenged cantonal judgment was annulled on appeal
Decisão extraída
The appeal was struck out as moot because the lower-court judgment no longer existed after the cantonal appellate decision.
Fundamentação extraída
Once the Appellationsgericht set aside the Zivilgericht judgment, there was no longer a live controversy for the Federal Supreme Court to decide, so the case could be removed from the docket under Art. 32(2) BGG.