Questão jurídica principal
Whether the federal nullity appeal was admissible despite the lack of a final cantonal cassation decision
Decisão extraída
The appeal was inadmissible because the challenged decision was not the final cantonal instance; federal nullity appeal lay only against the Obergericht's cassation decision.
Fundamentação extraída
Under the Zurich procedural system described by the court, the cantonal nullity complaint had to be filed with the Obergericht, not the Kassationsgericht; therefore the federal appeal lodged directly against the single judge's order was premature.