Question juridique clé
Whether the appellant could demand a declaration that the 22 November 2007 commitment was unlawful after his release.
Solution extraite
No. After the ordered release, there was no remaining protected current interest in a declaration of unlawfulness; federal law exhaustively governs this question.
Motifs extraits
The commitment procedure under Art. 397d ZGB requires a current interest. A declaration of unlawfulness is not available as an independent remedy once the person has been released, and a later damages action under Art. 429a ZGB is not prejudged by such a declaration.