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BGE 22 I 744 ΓÇó Federal appeal inadmissible in guardianship case
BGE 22 I 744Raccolta ufficiale del Tribunale federale (DTF) / Volume I9 ago 1896Inadmissible
The St. Gallen cantonal court had confirmed Eberle’s placement under guardianship for squandering on application of the local guardianship statute. Eberle then filed a federal appeal without specifying any breach of federal law. The Federal Court held that the filing could not be treated as a state-law appeal and that no federal appeal was available, since the cantonal decision rested on cantonal law and Art. 5 of the Federal Act on Personal Capacity is only a limit on cantonal legislation and adjudication. The appeal was therefore not entered into.
Art. 5 of the Federal Act on Personal Capacity; admissibility of a federal appeal against a cantonal guardianship decision based on cantonal law. A filing styled as an appeal to the Federal Court is not a state-law recourse unless it alleges a breach of federal law. Where the cantonal judgment is founded exclusively on cantonal law, and the cited federal provision operates only as a constraint on cantonal lawmakers and courts rather than as a substantive decision norm, no federal appeal lies. The Federal Court will accordingly refuse to enter into the matter (consid. 1).