Kernrechtsfrage
Whether the legal relationship concerning the boat mooring was an administrative order or a public-law contract
Extrahierter Entscheid
The applicable legal character depends not only on public law's applicability, but also on whether the legal framework permits contractual action by the public body and whether a mutual intent to be bound exists.
Extrahierte Begründung
Even where the material effects of a unilateral order and a public-law contract are similar, the distinction matters for the available legal remedy. Public law alone does not decide the qualification; decisive are the statutory room for contractual action and the parties' reciprocal binding will.