Questão jurídica principal
Whether HES-SO Geneva had standing to file the federal appeal despite lacking legal personality under the former cantonal law
Decisão extraída
The appeal was inadmissible because HES-SO Geneva and HEPIA lacked legal personality under the applicable law and therefore could not act as parties.
Fundamentação extraída
Standing under Art. 89 LTF presupposes procedural capacity and party capacity. Under the old Geneva HES statute, the appellant was not legally separated from the State and was not granted legal personality. A later law could not cure standing because it entered into force after the appeal was filed.