Facts
[A.] and [B.], owners of a building, appealed a decision ordering the dismantling of the roof and the stabilization of the building, interim measures requested by C. and D., owners of the neighboring plot. The cantonal judge rejected the request for a suspensive effect of the appeal. The SCC has admitted the appeal of [A.] and [B.] and granted the suspensive effect to the appeal.Considerations
According to the case law, when the decision on interim measures constitutes an anticipated enforcement measure that may have a final effect, the suspension of the execution should only be refused if the appeal appears manifestly unfounded or inadmissible. In the present case, the ordered measure, namely the dismantling of the roof and the stabilization of the building, has the character of an anticipated enforcement and risks having a final effect on the main dispute. Consequently, the cantonal judge should have examined the chances of success of the…