Question juridique clé
Whether filing a state-law appeal with an incompetent authority preserves the appeal deadline under Art. 194 Org. Ges.
Solution extraite
No. Filing with the Federal Council did not preserve the deadline, even though a competence exchange under Art. 194 Org. Ges. took place.
Motifs extraits
The court held that an appeal period is not met by lodging the appeal before an incompetent authority; this applies equally where the competence question triggered an exchange between the Federal Council and the Federal Court. Any alleged automatic transmission ex officio is legally incorrect.