Facts
This case concerns an appeal for reform filed by company [S. SA] against an interlocutory judgment rendered by a cantonal court. Company [S. SA] and company G. GmbH were both claimants in the cantonal proceedings, jointly and severally claiming a sum of money from the defendants.
Only company [S. SA] appealed against the interlocutory judgment to the Federal Tribunal, invoking Article 50(1) of the Federal Judicial Organization Act (OJ) which exceptionally allows for immediate appeal against certain preliminary or incidental decisions.
Considerations
The Federal Tribunal dismissed the appeal as inadmissible. It considered that the conditions for the application of Article 50(1) OJ were not met in this case.
Indeed, for the appeal to be admissible on the basis of this provision, a final decision must be immediately provoked at the level of the Federal Tribunal. However, in the case of a plurality of claimants, the Federal Tribunal would not be able to render a final decision binding on all parties, since one of the…