Questione giuridica chiave
Whether the canton had standing to appeal the cantonal judgment under Article 89 LTF.
Decisione estratta
The Council of State lacked standing because the disputed judgment concerned only the correct application of health-law provisions and did not qualify as an attack on essential cantonal sovereign interests.
Motivazione estratta
Article 89(1) LTF grants standing to a public entity only exceptionally, where it is specially affected in its sovereign powers and has a protected public interest beyond a mere interest in correct law enforcement. The challenged judgment did not create a precedent constraining the canton in a qualified way.