Questão jurídica principal
Whether the federal authority could seek reformatio in peius and challenge the municipal decision despite not joining the cantonal proceedings
Decisão extraída
Yes. The federal authority's standing under Art. 89(2)(a) BGG is autonomous and includes requesting a more severe outcome.
Fundamentação extraída
The Court held that federal authorities may raise new requests before the Federal Supreme Court to safeguard federal law; they are not bound by cantonal limitations of the dispute and need not have participated below.