Questão jurídica principal
Whether the civil judge may review the administrative decision shortening the tariff publication period under Art. 3 para. 6 Tariff Act.
Decisão extraída
No. The administrative authority's decision to shorten the publication period, taken within its statutory powers, is binding on the civil judge and not subject to judicial review in this proceeding.
Fundamentação extraída
The court held that the question whether the conditions for shortening the three-month publication period were met concerns an administrative act by the competent authority. Such a decision is final and binding for civil courts. The plaintiff's argument that review must exist because administrative judicial review was excluded was rejected; the Federal Council's authorization was meant to be definitive and unreviewable.