Facts
The Kraftwerk Schächenschale AG lodged a complaint against the amendment to the Water Use Ordinance of the Canton of Uri (GNV/UR 2014), which regulates the procedure for granting concessions for the use of hydropower. The complainant argued that the ordinance violates Art. 6 para. 1 ECHR, Art. 27 and 94 Cst. as well as Art. 60 para. 3bis WRA.
The Canton of Uri had amended the ordinance to regulate the procedure for granting concessions for the use of hydropower. The ordinance provides that the first application received is published and further concession applications can be submitted within 180 days. The competent authority then decides who is granted the concession.
The complainant argued that the ordinance is not non-discriminatory and transparent, as the Canton of Uri is itself involved in mixed-economy companies that apply for concessions. It also argued that the 180-day deadline for submitting competing applications is too short.
Considerations
1. Admissibility of the complaint
The Federal Court examined the admissibility of the complaint and came to the conclusion that the complainant has a legitimate interest in having the ordinance repealed.
2. Application of Art. 6 para. 1 ECHR
The Federal Court ruled that Art. 6 para. 1 ECHR is not applicable, as the granting of concessions for the use of hydropower is not a civil law procedure.
3. Admissibility of concession award without tendering
The Federal Court came to the conclusion that the concession award without tendering is admissible, as the WRA does not prescribe tendering and the ordinance of the Canton of Uri is…