Key legal question
Whether the Federal Court had jurisdiction to decide the claim of statelessness and compulsory naturalization.
Extracted holding
The court held that no dispute over statelessness within the meaning of the 1850 federal law was yet established; the determination of that question belonged first to the Federal Council, not the Federal Court.
Extracted reasoning
Art. 49 OG and the Federal Act of 3 December 1850 assign the initial examination of possible statelessness to the Federal Council, including inquiries into possible nationality with a canton or foreign state and the steps required under the Swiss-German settlement treaty. Only if the canton refuses to recognize the Federal Council's decision can a justiciable dispute arise.