Questione giuridica chiave
Whether the prior Federal Supreme Court judgment had to be revised for inadvertence under Art. 136 let. d OJ because it overlooked that the requester had claimed attorney fees as procedural costs in the cantonal proceedings.
Decisione estratta
Yes. The court had overlooked a decisive procedural fact contained in the record: the requester had in fact claimed his attorney fees as costs in the earlier appeal proceedings, and the cantonal court had refused them.
Motivazione estratta
Inadvertence exists when the court fails to consider a specific piece of the record or misreads it, but not when it merely assesses the evidence differently. The overlooked fact was relevant because it could change the assessment of whether an action in damages under Art. 41 CO was subsidiarily available.