Admissibility of the appeal against the revocation of approval decisions by the Federal Office for Economic Supply

Facts

The Swiss Central Office for the Import of Liquid Fuel and Combustible Fuels Carbura is an association within the meaning of Art. 60 ff. CC. As a self-help organization of the mandatory storage holders, it pursues various tasks in the area of mandatory storage to ensure economic supply. The Federal Office for Economic Supply (BWL) revoked all previously granted approvals of the provisions of Regulation I for importers, the implementing provisions for the storage program XIV, the implementing provisions for investment compensation, and the implementing provisions for Carbura Tanklager AG on October 23, 2007. Carbura filed a complaint with the Federal Administrative Court, which did not consider it. Carbura then filed a complaint in public law matters with the Federal Court.

Carbura is an association supported by the storage holders and performs various tasks in the area of storage. The storage is subject to the control of the Federal Office, which in particular ensures that the funds from guarantee funds and similar institutions are used for the intended purpose.

Considerations

The Federal Court had to decide whether the Federal Administrative Court was right not to consider Carbura's complaint. Carbura had argued that the revocation of the approval decisions by the Federal Office was a ruling that could be challenged before the Federal Administrative Court.

The Federal Court found that the complaint was admissible because it was a final decision not to consider by the Federal Administrative Court. The court examined whether the approval decisions of the Federal Office were rulings that could be challenged before the Federal Administrative Court. It came to the conclusion that the approval decisions were rulings because they were based on federal public law and concerned the establishment, modification, or repeal of rights or obligations.

The court pointed out that Carbura, as a self-help organization of the storage holders, performs public tasks of the Confederation but has no legislative powers. However, it found that the approval of regulations by the Federal Office was a ruling that could be challenged before the Federal Administrative…