progetti
BGE 35 II 366 ΓÇó State liability not based on federal civil law; appeal inadmissible
BGE 35 II 366Raccolta ufficiale del Tribunale federale (DTF) / Volume II10 ott 1842Inadmissible
Häller sought CHF 6,000 from the State of Lucerne for allegedly unlawful detention. The Lucerne High Court rejected the claim, and Häller appealed to the Federal Court. The Federal Court held that the asserted liability of a canton for damage caused by its officials in the exercise of non-commercial public functions does not arise from federal private law, in particular not from Arts. 50 ff. OR, because Art. 76 OR reserves such matters to other legislation. As the dispute therefore did not involve the application of federal civil law, the appeal was not open under Art. 56 OG and the Federal Court did not enter into it.
Art. 56 OG; state liability for damage caused by officials in the exercise of non-commercial public functions is not governed by federal private law. The appeal jurisdiction of the Federal Court extends only to disputes concerning the application of federal civil law. Liability of a canton for acts of its officials in the performance of public duties is a matter reserved by Art. 76 OR to special legislation; it cannot be derived from Arts. 50 ff. OR. Where the claim rests on such public-law responsibility, the case is not amenable to federal appeal and the court must decline to enter into the matter (consid. 1).