Dismissal of an Appeal due to Abuse of Rights and Inadequate Reasoning

Facts

The case concerns an appeal against a judgment of the Cantonal Court, which was filed by the plaintiff together with a cantonal nullity appeal. The Federal Supreme Court dismisses the appeal for two reasons:

• The plaintiff has filed the appeal and the cantonal nullity appeal with essentially the same reasoning, which is considered an abuse of rights.
• The appeal brief does not meet the legal requirements for an appeal statement under Art. 55 para. 1 lit. c OG. Although the plaintiff alleges a violation of federal law, he does not explain in what way this violation specifically exists.

Considerations

The Federal Supreme Court states that according to established case law, two federal legal remedies may not be combined in a single submission, but must be filed and substantiated separately. An inadmissible circumvention of this case law exists if two legal remedies are filed in separate submissions, but with the same reasoning.

Pursuant to Art. 55 para. 1 lit. c OG, the appeal brief must state which provisions of federal law the contested decision has violated and in what way it has…