Questão jurídica principal
Whether the appeal to the Federal Supreme Court was admissible or whether the matter had to be brought before the cantonal administrative court first.
Decisão extraída
The appeal was inadmissible because the dispute concerned an interference with property rights and therefore had to be challenged before the cantonal administrative court under the applicable cantonal and Convention-based review scheme.
Fundamentação extraída
In property-rights disputes, civil rights within the meaning of Art. 6 para. 1 ECHR are at stake. The Bernese administrative court must hear such matters, and the existence of that avenue prevents direct access to the Federal Supreme Court against the directorate's decision.