Facts
In June 2017, the Department of Construction and Environmental Protection of the Canton of Basel-Landschaft issued an open tender for the service contract "Processing Office 'Funding Applications Baselbieter Energy Package'". By award decision dated October 17, 2017, the Cantonal Council awarded the contract to A. AG. The third-placed B. AG filed an appeal against this award decision with the Cantonal Court of Basel-Landschaft, which upheld the appeal and directly awarded the contract to B. AG.
A. AG then filed an appeal in public law matters with the Federal Supreme Court. The Federal Supreme Court examines its jurisdiction and the admissibility requirements and finds that a legal question of fundamental importance within the meaning of Art. 83 lit. f No. 2 BGG is at issue, namely the question of the competence of the cantonal appeal body to issue a reformatory judgment.
Considerations
The Federal Supreme Court states that the annulment of an award decision has an undivided effect for all bidders involved in the award procedure, not just inter partes. If a cantonal appeal body annuls the award decision and corrects an erroneous application of the award criteria, it must - insofar as there are no procedural obstacles - take into account all offers of all bidders involved in the award procedure again.
However, the competence of the cantonal appeal body to issue a reformatory judgment may only be applied in sufficiently clarified constellations. Such a constellation does not…