Facts
On February 20, 2018, the [B.] Cooperative applied to the Cantonal Court of Schaffhausen for the granting of provisional enforcement for a total amount of CHF 8,350,000 plus interest and costs, as well as for the existence of the mortgage on the properties [U.] No. yyy and zzz in the same amount. The Cantonal Court granted the provisional enforcement to the extent requested. The [A. GmbH] appealed to the High Court of the Canton of Schaffhausen, which dismissed the appeal.
The [A. GmbH] filed a civil law appeal with the Federal Supreme Court. It requested the annulment of the High Court's decision and the dismissal of the [B.] Cooperative's application for enforcement.
Considerations
The Federal Supreme Court dismissed the appeal. It stated that in the enforcement proceedings, the judge can dispense with an oral hearing and decide based on the files. An oral hearing is only required if the dispute raises factual or legal issues that cannot be adequately clarified based on the files and written submissions of the parties. In the present case, the Federal Supreme Court did not consider this to be the case.
Furthermore, the Federal Supreme Court examined whether the appellant had credibly demonstrated a defense against the granting of provisional…