Questione giuridica chiave
Whether the direct federal action against the canton under former Art. 42 aOJ was admissible.
Decisione estratta
Yes. The dispute was a civil-law contest between a canton and a private person, the amount exceeded the threshold, and no prior cantonal action had been filed.
Motivazione estratta
Claims for state liability fall within Art. 42 aOJ; the action was brought directly in time before any cantonal judgment.