Facts
The Department of Justice, Police and Health of Graubünden granted X. free legal representation in the civil divorce proceedings. The Canton of Graubünden incurred costs amounting to a total of CHF 9,065.90 for this. By letter dated 28 April 2011 and decision dated 26 July 2011, the Tax Administration of the Canton of Graubünden demanded the advanced amount be reimbursed, as X.'s income and assets were above the relevant subsistence minimum.
X. filed a complaint against the Tax Administration's decision with the Administrative Court of the Canton of Graubünden. The Administrative Court overturned the decision, as the canton's claim for reimbursement had become time-barred.
The Government of the Canton of Graubünden then filed a public law appeal with the Federal Supreme Court, requesting that the Administrative Court's judgment be overturned and the Tax Administration's decision be confirmed.
Considerations
The Federal Supreme Court denied the canton's standing to appeal. Although court costs and the compensation of the free legal representative are based on a public law relationship, so that the claim for reimbursement of the costs of free legal aid also constitutes a public law claim of the state against the beneficiary party, the canton's financial interest in the reimbursement alone is not sufficient to affirm its standing under Art. 89 para. 1 BGG.
The Federal Supreme Court stated that the public authority is not affected in its fiscal interests like a private party, but in its capacity as a sovereign authority. The cases in which the canton's standing was affirmed usually concerned constellations in which there was a conflict between different public authorities or a public authority was the addressee of a decision made by another public…