Facts
The applicant Y. Ltd. requested the Federal Court to clarify the operative part of the judgment of the Appellate Court of Basel-Stadt dated November 4, 2011, which had previously been confirmed by the Federal Court. The Federal Court had dismissed the appeal of the opposing party against the judgment of the Appellate Court, insofar as it was admissible.
The applicant justified its request for clarification by stating that in the course of the enforcement proceedings, uncertainties had arisen regarding the operative part to be enforced and that there was a legitimate interest in the clarification.
Considerations
The Federal Court declared itself incompetent to clarify the operative part of a cantonal judgment after dismissing the appeal against that judgment. Art. 129 BGG expressly refers only to the operative part of a federal court decision, but not to cantonal judgments. According to Art. 334 CPC, the clarification of cantonal judgments is the responsibility of the Appellate Court.
The Federal Court further stated that although it could amend or remand the contested decision to the lower…