Facts
The appellant [A.] filed an appeal against the decision of the High Court of the Canton of Aargau, by which it had not entered into his appeal against the removal of a conciliation procedure initiated by him due to the default of both parties and had dismissed the appeal with regard to the cost decision of the justice of the peace.
The Federal Court did not enter into the appeal. It justified this by stating that the appeal did not meet the requirements for a subsidiary constitutional appeal or those for an appeal in civil matters. In particular, the appellant had not sufficiently demonstrated that he was threatened with a disadvantage that could not easily be remedied by the removal of the conciliation proceedings, which would have been a prerequisite for the admissibility of the appeal.
Considerations
The Federal Court stated that the removal of the conciliation proceedings due to the default of both parties in accordance with Art. 206 para. 3 CPC was a legally specially regulated case of removal due to irrelevance under Art. 242 CPC and constituted a procedural order of a special nature. An appeal against such an order is only admissible under Art. 319 lit. b no. 2 CPC if the order threatens a disadvantage that…