Facts
On 24 October 2003, X. as the tenant concluded a lease agreement for a single-family house in Basel with Y. AG. On 17 June 2004, the landlord terminated the lease agreement due to the tenant's default in payment, effective 31 July 2004. The tenant contested the termination at the Conciliation Board. Before the Conciliation Board could decide, the landlord filed an application for an eviction order with the Civil Court of Basel-Stadt on 5 August 2004. The Civil Court consolidated the two proceedings and decided on 11 October 2004 that the termination was effective and the tenants had to vacate the house by 21 October 2004.
X. filed a complaint against the decision with the Court of Appeal of the Canton of Basel-Stadt. However, the President of the Court of Appeal revoked the provisional granting of the suspensive effect and dismissed the request for suspensive effect on 10 December 2004.
Considerations
The Federal Court upholds the constitutional complaint and sets aside the decision of the President of the Court of Appeal. It justifies this by stating that the principle of the derogatory force of federal law (Art. 49 para. 1 Federal Constitution) is violated if cantonal procedural regulations exclude the possibility of appeal to the Federal Court in disputes that are in principle appealable under Art. 43 et seq. of the Federal Supreme…