Facts
In this case, it was about the extension of the deadline that the Commercial Court of the Canton of Bern had set for [B. AG] to file a claim against [A.] for the definitive registration of a mechanic's lien. The Commercial Court had previously, upon the application of [B. AG] , ordered the provisional registration of this lien and set a deadline for [B. AG] until September 15, 2014 to obtain the definitive registration.
On September 15, 2014, [B. AG] applied to the Commercial Court for an extension of the deadline until October 31, 2014, which the court granted. [A.] appealed against this decision, requesting that the order be revoked and the deadline not be extended.
Considerations
The FSCA did not enter into the appeal. It justified this by stating that the contested order was merely a procedural order to extend a judicial deadline, for which there was no independently communicated interim decision. Accordingly, the civil appeal was not admissible under Art. 93(1) FSCA.
The FSCA further stated that even if one were to assume an independently communicated interim decision, the requirements of Art. 93(1)(a) and (b) FSCA would not…