Facts
The [X. AG] (appellant) had lodged an appeal with the Appellationsgericht of the canton of Basel-Stadt against the decisions of the Zivilgericht of the canton of Basel-Stadt of 20 December 2012 and 10 January 2013. The Appellationsgericht dismissed the appeals on 28 June 2013. The appellant then lodged an appeal in civil matters and a subsidiary constitutional appeal with the Federal Court.
The appellant requested the annulment of the decision of 28 June 2013 and the rejection of the application for debt enforcement. It argued that the court below had wrongly granted debt enforcement, as the claim for which definitive debt enforcement had been granted was the same one on which the Landgericht Frankfurt a.M. had ruled on 11 July 2008 and the Oberlandesgericht Frankfurt a.M. on 9 November 2009.
The appellant also raised a number of procedural objections, including the objection that the court below had issued the final decision one day after the interim decision, although the appellant had challenged the rejected judges and the decision on this had not yet become final.
Considerations
The Federal Court examined the admissibility of the appeal and found that the appeal in civil matters was generally admissible, while the subsidiary constitutional appeal had no basis.
The Federal Court rejected the appellant's objection that the court below had issued the final decision one day after the interim decision. It found that the CPC or higher constitutional law did not provide for a prohibition on activity for the challenged judges after the corresponding application…