Key legal question
Whether the Federal Court should itself clarify the expropriation commission's 1873 decision or remit the clarification request to that commission.
Extracted holding
The Federal Court does not decide the merits of the clarification request, but holds that the expropriation commission is competent to enter into such requests and must decide them itself.
Extracted reasoning
Although the commission's decisions are not judicial judgments, they are capable of acquiring res judicata effect. In the absence of a statutory exclusion, Article 197 of the Federal Act of 20 November 1850 can be applied by analogy. Clarification should generally be given by the authority that issued the final decision, and refusing clarification would wrongly force the parties into cantonal litigation over the meaning of a federal expropriation decision.