Facts
X. is a tenant in a property in Basel. The owner of the property did not pay any invoices for general electricity supply from the Industrielle Werke Basel (IWB) for two years. As a result, the IWB interrupted the electricity supply for the hot water boiler and the elevator from April 23 to May 30, 2008. The Tenants' Association of Basel filed a complaint on behalf of X. against this supply interruption. The lower instances dismissed the complaint.
X. then filed a public law appeal with the Federal Supreme Court. He alleged a violation of his right to be heard, as the supply interruption was not issued in the form of a decree and he as a tenant was not given the opportunity to comment on the planned measure.
Considerations
The Federal Supreme Court upheld the appeal. It stated that the supply interruption, due to its legal effects, would have required a prior decree, in which the corresponding procedure, including the hearing of the persons concerned, in particular the tenants, would have had to be observed. Since the appellant was…