Key legal question
Whether the Canton of Solothurn had passive standing in the claims against the hospital foundations
Extracted holding
No; the wage debtors were the hospital foundations, not the canton, so the canton was not a proper defendant for the performance claim.
Extracted reasoning
A claim for payment must be directed against the entity that owes the performance. The canton would only be passively legitimated if its own rules were attacked independently, which was not the case here.