Key legal question
Whether the Federal Supreme Court could consider the later civil judgment as a new fact under Art. 99(1) LTF
Extracted holding
No. Facts already invoked below but excluded for cantonal procedural reasons are not new facts within Art. 99(1) LTF; only a properly raised arbitrariness complaint could open that door.
Extracted reasoning
The appeal court is bound by the facts established below under Art. 105(1) LTF. New facts are admissible only where the challenged decision itself first makes them relevant. Here the appellant relied entirely on a civil judgment that the cantonal court had refused to consider, without alleging arbitrariness or another violation of federal law in that refusal.