Questione giuridica chiave
Whether the Federal Court may hear a complaint against denial of legal aid in a liability action under the 1905 railway liability act.
Decisione estratta
The Federal Court is not competent; such complaints must be brought before the Federal Council, and ultimately the Federal Assembly if applicable.
Motivazione estratta
The Court relied on its settled case law and on the allocation of supervisory competence under federal law. Although the 1905 act lacks an express analogue to the earlier statute, no provision transfers supervision over legal-aid decisions to another authority than the Federal Council (and possibly the Federal Assembly). Uniform treatment of legal-aid complaints in liability matters also supports this allocation.