Questão jurídica principal
Whether the cantonal court could use the cantonal fee tariff for the appeal fee in an arrest-opposition case
Decisão extraída
No. The federal Arrest and Debt Enforcement Fee Ordinance remained applicable; the cantonal tariff could not replace it.
Fundamentação extraída
Arrest proceedings under Art. 251 ZPO remain enforcement-law summary proceedings. Art. 16 SchKG and Arts. 48 and 61 GebV SchKG were not altered by the ZPO; federal law prevails over cantonal fee law.