Facts

The Carl Seelig Foundation was established in 1966 in Zurich to promote art and science, as well as artists and scientists. The foundation's assets include the literary estate of the writer Robert Walser. On March 28, 1979, several complainants, including artists and scientists, filed a supervisory complaint against the foundation. They accused the foundation of improperly managing the Walser estate and excluding the public from accessing it. However, the Federal Department of the Interior (EDI) did not consider the complainants to be legitimized and therefore did not enter into the complaint. The complainants appealed the decision of the EDI to the Federal Supreme Court with an administrative court appeal.

Considerations

The Federal Supreme Court stated that the foundation supervisory complaint is a genuine legal remedy that requires the complainant to have a personal interest in the requested measures. This interest must be concretely defined and must not be based solely on a general public interest in the matter. While the Federal…