Facts
B., C. and D. are independent therapists who operate a therapy center run by Foundation A. as a joint practice. Y., who wrote for X. AG, published articles addressing alleged deficiencies in connection with the therapy center. The appellants filed a request for interim measures with the single judge of the District Court of Zurich, seeking to prohibit the opposing parties from repeating certain statements. The request was rejected. The appeal of the appellants to the High Court of the Canton of Zurich was also dismissed.
By civil law appeal dated July 6, 2007, the appellants requested the Federal Supreme Court to set aside the decision of the High Court and order the requested measures. The opposing parties requested the dismissal of the appeal with costs.
Considerations
The Federal Supreme Court did not enter into the appeal, as it was filed late. The appellants should have directly challenged the decision of the High Court of March 29, 2007 by civil law appeal, as under cantonal law there was no further instance available where additional complaints could have been raised.
Art. 100 para. 6 BGG, which provides for an…