Facts
Josef Sidler (Plaintiff) submitted a tender in connection with the tendering of construction work. The Parity Professional Commission for the Main Construction Industry then decided to conduct a wage inspection of him, as he was not willing to provide information about the employees subject to the National Collective Bargaining Agreement for the Swiss Main Construction Industry (LMV). At the request of the Defendant, the High Court of the Canton of Lucerne obliged the Plaintiff to tolerate the inspection by a supervisory body appointed by the Cantonal Government Council. The Plaintiff then applied to the Cantonal Government Council to appoint an independent supervisory body and to define the subject matter and scope of the inspection. The Cantonal Government Council appointed the Cantonal Conciliation Office as the special supervisory body and defined the subject matter of the inspection.Considerations
The Federal Supreme Court does not enter into the Plaintiff's appeal against the decision of the Cantonal Government Council. It justifies this by stating that this is not a civil law dispute. The Cantonal Government Council has merely determined the supervisory body and defined the subject of the…