Facts
Walter S. and Rudolf W. acquired co-ownership shares in a property and established condominium ownership in 1976. Over the years, there were disputes between the two condominium owners regarding the execution of maintenance work. As a result, Walter S. filed a lawsuit with the Court of Appeal of the Canton of Bern in 1989.
By judgment of June 25, 1993, the Court of Appeal overturned three resolutions of the condominium community and ordered the execution of certain construction work. Furthermore, it appointed a representative of the condominium owners with precisely defined tasks and regulated the modalities of the work execution.
Rudolf W. appealed against this judgment to the Federal Supreme Court. He demanded that the construction work deemed necessary be judicially determined according to an expert report. He also requested that the scope and modalities of the renovation work be ordered according to his proposal and that a specific architect be appointed as the construction manager.
Considerations
The Federal Supreme Court examined whether there was a civil law dispute within the meaning of Art. 44 and 46 of the Federal Supreme Court Act (OG) that was subject to appeal. It concluded that this was not a civil law dispute, but merely a matter of administrative activity in the condominium community.
According to the case law of the Federal Supreme Court, no appeal can be filed against a decision of the court of last instance on such administrative…