State liability not based on federal civil law; appeal inadmissibleKI-generiert

Häller sought CHF 6,000 from the State of Lucerne for allegedly unlawful detention. The Lucerne High Court rejected the claim, and Häller appealed to the Federal Court. The Federal Court held that the asserted liability of a canton for damage caused by its officials in the exercise of non-commercial public functions does not arise from federal private law, in particular not from Arts. 50 ff. OR, because Art. 76 OR reserves such matters to other legislation. As the dispute therefore did not involve the application of federal civil law, the appeal was not open under Art. 56 OG and the Federal Court did not enter into it.