Partial Decision - Admissibility of the Public Law Appeal

Facts

In the context of a real estate transaction, bank Y. granted a loan to G. and the real estate company X. The bank handed over the loan amount to notary T., who made a disputed use of it. G. and real estate company X. filed a payment action against bank Y. and notary T. The parties decided to initially limit the proceedings to the issue of the bank's liability. The cantonal court considered that the bank should not be held liable for the damage allegedly suffered by G. and real estate company X., while referring the case back to the court of first instance for further proceedings. G. and real estate company X. filed a public law appeal to the Federal Tribunal against this judgment.

Considerations

The Federal Tribunal examines the admissibility of the appeal ex officio. Although in principle a partial decision is considered an interim decision within the meaning of Art. 87 FJA and is therefore not immediately appealable, the Federal Tribunal admits the admissibility of the public law appeal here for reasons of procedural economy.

Indeed, the partial judgment definitively terminates the action against one of the co-parties (the bank), whereas this action could have been filed separately. It would be hardly conceivable to require the bank…