Question juridique clé
Whether the Confederation had standing to bring a public-law appeal against the cantonal order
Solution extraite
No. As a public authority acting to protect Switzerland's reputation abroad under Art. 10(2)(c) LCD, the Confederation did not act as a private-law party and was not affected like a private individual.
Motifs extraits
Public-law appeal under Art. 88 OJ is in principle unavailable to public authorities. The exceptions for private-law action or analogous private injury do not apply here because the protected interest is a public interest. The procedural-rights exception for a denied complainant is also unavailable to the State, which does not enjoy constitutional procedural guarantees under Art. 29 Cst. in the same way as individuals.