Refusal of appeal against the decision of the Estimation Commission ordering an expert opinion

Facts

The case concerns a dispute between the Swiss Confederation and Ms. Senn, regarding the expropriation of a building in Liestal in favor of the PTT. The Estimation Commission of the 4th circle (ESchK) decided to appoint an independent expert to evaluate the building, after the president of the commission had initially planned to assign this task to architect W. Zimmer, a substitute member of the commission. The commission's decision was contested by the PTT, who filed an appeal with the Federal Court.

The key facts are as follows

• The Estimation Commission decided to appoint an independent expert to evaluate the building.
• The president of the commission had initially planned to assign this task to architect W. Zimmer, a substitute member of the commission.
• The commission's decision was contested by the PTT, who filed an appeal with the Federal Court.

Considerations

The Federal Court examined the question of whether the Estimation Commission's decision ordering an expert opinion could be contested through an administrative law appeal. The Court considered that the commission's decision could not be challenged through an administrative law appeal, as it was not a final decision and did not concern a right or interest protected by law.

The Court also examined the question of whether the Estimation Commission had the authority to order an expert opinion.…