Decision 2C_265/2023 of 9 July 2024
6. August 2024 – In its decision of 9 July 2024, the Federal Supreme Court did not admit the appeal regarding the validity of a quarantine order issued in August 2021, which had been affirmed by a ruling from the Cantonal Medical Service (Kantonsärztliche Dienst) of the Canton of Aargau.
The court underscored that for an appeal to be admissible, the appellant must demonstrate a current and legitimate interest in bringing proceedings. Such an interest was established when the outcome of the judicial proceedings could materially affect the appellant’s factual or legal situation. As the ordered quarantine period had already expired and the appellant had not adhered to it, no protectable interest in bringing proceedings was existent.
Regarding the claim that the initial quarantine order issued via SMS was invalid, the court affirmed that, according to its established case law, a quarantine order communicated via SMS, despite potential formal deficiencies such as the absence of a signature or a notice of legal remedies, was considered a valid ruling in a substantive sense.
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