Facts
The appellant A. was a broker involved in the sale of N. AG in Gossau. E. AG ultimately acquired N. AG without his direct involvement. A. filed a claim for payment of a 2.5% commission on the purchase price of the N. AG shares plus interest.
The District Court of Münchwilen dismissed the claim, as the entitlement to a commission was not proven. In the appeal proceedings, the High Court of the Canton of Thurgau did not enter into the claim due to the lack of a specified claim for performance.
A. subsequently filed a constitutional appeal and a federal nullity appeal against the decision of the High Court. He challenged the application of cantonal law instead of federal law.
Considerations
The Federal Supreme Court accepted the nullity appeal as an appeal and upheld it. It set aside the judgment of the High Court and remanded the dispute for a new decision to the lower instance.
The Federal Supreme Court stated that the violation of the derogatory force of federal law in matters of federal civil law is generally to be asserted by way of appeal or civil nullity appeal. The final cantonal judgment that denies the sufficient substantiation of a federal law claim constitutes a final decision.
The cantonal procedural law must be interpreted in such a way that it…