Facts
On January 9, 2018, A AG filed a claim with the Obwalden High Court and requested that B AG be obliged to conclude a service contract for the X brand with A AG on market-standard terms, effective March 1, 2018. Simultaneously, A AG filed requests for provisional and super-provisional measures.
By decision of May 2, 2018, the President of the High Court did not enter into the interim measures request due to lack of local jurisdiction. A AG appealed this decision to the Federal Supreme Court in civil matters.
Considerations
The Federal Supreme Court stated that the contested decision, by which the High Court did not enter into the interim measures request, represents an interim decision within the meaning of Art. 93 BGG and not a final decision under Art. 90 BGG. Such interim decisions, which are not issued in an independent interim measures proceeding but within the framework of the main proceedings, are only appealable under the conditions of Art. 93 para. 1 lit. a BGG, i.e. if they can cause an irreparable legal disadvantage.
However, the appellant has not shown in its appeal how the contested…