Facts
In September 2011, the Lucerne Association for Sports in Schools (LVSS) requested the Lucerne Cantonal Government to confirm that it did not intend to restrict the compulsory physical education and sports lessons at vocational schools. This was followed by an exchange of correspondence between the LVSS and the responsible Cantonal Government member.
On December 13, 2011, the Lucerne Cantonal Parliament rejected the 2012 budget proposed by the Cantonal Government. In a letter dated December 20, 2011, the responsible Cantonal Government member informed the LVSS that the reduction of sports lessons at vocational schools was envisaged as one of several necessary cost-saving measures in the 2012 budget.
On January 5, 2012, A. and 16 co-plaintiffs, all students at Lucerne vocational schools, filed an administrative court appeal with the Administrative Court of the Canton of Lucerne, requesting that the decision of the Department of Education and Culture (BKD) or the Cantonal Government dated December 20, 2011 be overturned and that it be determined that the compulsory lessons required by federal legislation must be provided at vocational schools in the final semester as well.
In a judgment dated February 22, 2012, the Administrative Court did not enter into the appeal. It considered that the letter from the BKD dated December 20, 2011 was not a suitable object of appeal.
Considerations
The Federal Supreme Court concluded that the elimination of sports lessons constitutes a permissible object of appeal. The appellants have asserted in a reasonable manner that the disputed sports lessons are…