Questione giuridica chiave
Whether the public law appeal against the Arbitration Panel's decision was admissible before the Federal Supreme Court
Decisione estratta
No. The challenged decision was not issued by an authority listed in Art. 86 LTF; the appellant had first to seize the Federal Administrative Court.
Motivazione estratta
The Arbitration Panel is not a federal or cantonal last-instance authority under Art. 86 LTF. The reference in the concordat to the former appeal route under the repealed OJ likely reflects an outdated coordination clause. Given the structure of the judicial reorganization and the similar wording of Art. 98 lit. e OJ and Art. 33 lit. g FGA, the proper prior instance is the Federal Administrative Court.