Appeal of the State Council of the Canton of Valais against the authorization to shoot a wolf

Facts

The dispute concerns the authorization granted by the cantonal authorities of Valais to shoot a wolf that had caused significant damage to livestock. The WWF Switzerland Foundation challenged this authorization before the Cantonal Court, which upheld its appeal. The State Council of the Canton of Valais then filed an administrative law appeal against this decision with the Federal Tribunal.

Considerations

The Federal Tribunal first examined the admissibility of the State Council's appeal. It considered that the judgment of the Cantonal Court, which annulled the decision of the State Council and referred the matter back for a new decision, constituted a final decision that could be challenged by way of an administrative law appeal.

However, the Federal Tribunal ruled that the State Council could not claim the capacity to act within the meaning of Art. 103 let. a of the Federal Judicial Organization Act (OJ). Indeed, the State…