Questione giuridica chiave
Whether the public law appeal was admissible despite the availability of a reform appeal
Decisione estratta
No. Because the cantonal judgment was final, civil, and of sufficient value, the challenged constitutional complaint could have been brought by reform appeal.
Motivazione estratta
Art. 84(2) OJ excludes public law review when the alleged violation can be raised through another federal remedy. The appellant challenged only a federal-law issue under Art. 86(2) LDIP, not a distinct arbitrariness finding on facts, so the proper avenue was reform appeal under Arts. 43, 46 and 48 OJ.