Dismissal of the appeal against the refusal of a court security

Facts

The personnel welfare foundation [X. AG] in liquidation (respondent) sued [A.] and other individuals before the Civil Court of Basel-Stadt for payment of CHF 10 million plus interest and costs based on stock corporation liability. [A.] requested that the respondent be obliged as plaintiff to provide a court security for his extraordinary costs in the amount of CHF 355,596.50. The Civil Court dismissed this request. The Court of Appeal of the Canton of Basel-Stadt dismissed the appeal filed against this decision.

The heirs of [A.] , represented by the executor [F.] , filed an appeal in civil matters and a subsidiary constitutional appeal against the judgment of the Court of Appeal. They requested that the contested judgment be set aside and the respondent be obliged to provide the requested court security.

Considerations

The Federal Court examined the admissibility of the appeal in civil matters and came to the conclusion that the appeal is admissible, as an irreparable harm exists. The contested decision causes a legal harm that cannot be remedied by a later favorable decision.

The Federal Court reviewed the interpretation of the Civil Procedure Code of the Canton of Basel-Stadt by the lower court and came to the conclusion…