Facts
On July 11, 2002, the Municipality of Tujetsch published an open tender in the Official Gazette of the Canton of Graubünden for the procurement of a piste machine. The offer of Y. AG for CHF 156,000 was awarded the contract. The Administrative Court of the Canton of Graubünden overturned this decision and referred the matter back to the municipality for a new tender. In the renewed tender, Y. AG was again awarded the contract. X. AG successfully appealed against this decision, whereupon the Administrative Court awarded the contract directly to X. AG.
The Municipality of Tujetsch then announced that it would refrain from procuring a piste vehicle, as the credit had expired and the financial situation had deteriorated. Thereupon, the Administrative Court ordered that the Municipal Council must conclude the purchase contract with X. AG under threat of penalty.
The Municipality of Tujetsch and its municipal council members filed a constitutional appeal against this enforcement decision with the Federal Court.
Considerations
The Federal Court concluded that the Municipality of Tujetsch has sufficient autonomy in the area of vehicle procurement. The Administrative Court had therefore exceeded its competence by forcing the municipality to conclude a purchase contract.
According to the procurement law of the Canton of Graubünden,…