projetos
BGE 3 I 80 ΓÇó Federal Court lacks jurisdiction over concordat complaint as cantonal law
BGE 3 I 80Coletânea oficial do Tribunal Federal (BGE) / Volume I5 de ago. de 1852Inadmissible
Deuber challenged a Schwyz cantonal judgment ordering him to repay the purchase price of a cow to Diethelm, invoking the concordat on cattle defects. The Federal Court held that it could review concordat issues only in inter-cantonal disputes where the concordat operated as treaty law. Because the concordat provisions were applied merely as cantonal law, the Court found it lacked competence and refused to enter into the complaint.
Federal jurisdiction over complaints alleging breach of a concordat exists only where the dispute is inter-cantonal and the concordat provisions are invoked as treaty norms; where such provisions are applied merely as part of cantonal law, no Federal Court competence is established (consid. 1). The complaint is therefore inadmissible for want of jurisdiction.