Facts
The appellant X. was declared unfit for flight for medical reasons by Dr. Y. on October 10, 2006. Thereupon, X. filed a complaint with the Federal Administrative Court. However, this court rejected X.'s accompanying request for gratuitous legal assistance by interim decision of March 8, 2007.
X. then appealed against this interim decision of the Federal Administrative Court to the Federal Supreme Court.
Considerations
The Federal Supreme Court concluded that the appeal in public law matters against the decision of the Federal Administrative Court was inadmissible. Pursuant to Art. 83 lit. t BGG, decisions on the result of competence assessments, such as the assessment of flight fitness here, are excluded from the right of appeal.
The Federal Supreme Court stated that in purely medical-technical questions such as the determination of flight fitness, there are no justiciable issues to be assessed that would…