Key legal question
Whether the Federal Supreme Court could hear the Canton of Bern's original cantonal dispute action on jurisdiction.
Extracted holding
No. Because the Federal Office of Justice must decide the matter by formal decision under Art. 104 IRSG, the proper remedy is complaint under Art. 120(2) BGG, not an original action.
Extracted reasoning
Art. 104 IRSG entrusts the Federal Office with a binding decision on acceptance of the foreign request and the competent execution canton. Where the jurisdiction question is decided in that decision, Art. 120(2) BGG excludes the original action and substitutes a complaint.