Appeal against a decision rendered in summary proceedings

Facts

In this case, it concerned a private law construction objection against a building permit, which was not addressed by the District Court of Höfe due to lack of material jurisdiction. The appellants then filed an appeal against the decision of the District Court with the Cantonal Court of Schwyz, which was, however, classified as having been filed late.

The appellants ultimately filed a civil law appeal with the Federal Supreme Court to obtain the annulment of the decision of the Cantonal Court and the referral of the matter for assessment to the Cantonal Court.

Considerations

The Federal Supreme Court concluded that the exception to the suspension of time limits pursuant to Art. 145 para. 2 lit. b CPC also applies to the appeal proceedings against a decision rendered in summary proceedings. Accordingly, the appeal period had not been suspended and the appellants should have filed the appeal within the ten-day period pursuant to Art. 314 para. 1 CPC.

However, the Federal Supreme Court considered that the duty to provide information pursuant to Art. 145 para. 3 CPC constitutes a validity requirement. Since the notice of…