Key legal question
Whether the civil law appeal was admissible against the cantonal judgment on public-hospital liability.
Extracted holding
The appeal was inadmissible because the cantonal court had decided as a court of first instance, not as an appellate instance, after 1 January 2011.
Extracted reasoning
Under Art. 75 BGG, a civil-law appeal requires a final cantonal decision by an upper court acting as appellate instance. The transitional arrangement did not preserve a direct appeal to the Federal Supreme Court.