Questão jurídica principal
Whether the Canton of Ticino had standing under Art. 88 OG to file a public-law appeal against the administrative court judgment.
Decisão extraída
No. The parking garages and the contractual parking arrangements were governed by public law, so the Canton acted as holder of public authority rather than as a private party.
Fundamentação extraída
The parking spaces belonged to the administrative estate and were allocated under a cantonal regulation delegating to the State Council the power to set assignment rules and fees. Because the dispute concerned the exercise of public powers and not private-law relations, the Canton was not specially injured in a manner comparable to a private person.