Questione giuridica chiave
Whether the action had to proceed as a civil action under former Art. 42 OG or as an administrative action
Decisione estratta
The claim was to be treated as an administrative action under Art. 116 ff. OG, because the special rule in the cantonal responsibility regime prevailed over the general civil-action rule.
Motivazione estratta
The cantonal responsibility claim against the state for acts of its authorities fell within the special jurisdictional regime; the later and special rule displaced the older general exclusion of administrative actions.