Non-consideration decision of the Cantonal Court due to lack of appeal justification within the deadline

Facts

In debt collection proceedings between Z. and X., the District Court of Schwyz granted Z. provisional debt enforcement relief. X. appealed this decision to the Cantonal Court of Schwyz. As X. did not justify the appeal within the deadline, the Cantonal Court did not consider the appeal. X. challenged this non-consideration decision before the Federal Supreme Court.

Considerations

The Federal Supreme Court held that according to the Civil Procedure Code (CPC), the appeal must be submitted in writing and justified within 10 days. This appeal deadline is a statutory deadline that cannot be extended. If the justification is missing within the deadline, the court must, according to established case law, not consider the appeal.

The Federal Supreme Court dismissed X.'s…