progetti
BGE 4 I 74 ΓÇó No federal jurisdiction over appeal on cantonal bill of exchange law
BGE 4 I 74Raccolta ufficiale del Tribunale federale (DTF) / Volume I22 set 1877Inadmissible
The Bank in Lucerne challenged a judgment of the Lucerne High Court, arguing that it violated Article 102 paragraph 2 of an alleged federal bill of exchange concordat. The Federal Court held that no federally approved concordat existed; rather, several cantons had merely drafted a bill of exchange ordinance, which some of them later enacted as cantonal law. Because only the interpretation and application of cantonal law were in dispute, the Federal Court lacked competence and did not enter into the complaint.
Federal jurisdiction is absent where no federally approved intercantonal concordat exists and the dispute concerns solely the application and interpretation of cantonal law; a jointly drafted ordinance enacted by individual cantons as cantonal legislation does not constitute a ratified concordat. In such circumstances, a federal complaint is inadmissible for lack of competence (consid. 1-2).