Question juridique clé
Whether the constitutional complaint was admissible despite the lack of exhaustion of cantonal remedies
Solution extraite
No. The challenged cantonal decision was not a final cantonal decision because a recourse to the Bern Appellationshof was still available.
Motifs extraits
A complaint to the Federal Supreme Court requires exhaustion of the cantonal instances. Since the decision could still be appealed under cantonal law, the federal complaint was manifestly inadmissible.