Questione giuridica chiave
Whether the State of Solothurn was passively legitimised in the claims against the hospital foundations
Decisione estratta
No. The salary debtors were the hospital foundations, and the state was not the proper defendant for the combined performance claims.
Motivazione estratta
A performance claim can only be directed against the person who owes the performance. A passive legitimisation of the canton would require an attack on the cantonal rules as such; that was not the case here because the requests were combined with payment claims against the actual salary debtors.