Facts
The Argovian pension fund (APK) is a public institution that manages occupational pension benefits for employees of the canton of Argovia. It owns several investment properties and wishes to carry out renovation work in these properties. The X. AG, a construction company, requested information on the procurement process for these works. The APK replied that the works in question did not require a public tender procedure.
The X. AG then filed a complaint with the administrative court of the canton of Argovia, which ruled that the APK was subject to cantonal public procurement law and that the awarding of contracts for the renovation work had to be carried out in accordance with this law. The APK appealed against this decision to the Federal Court.
Considerations
The Federal Court examined the question of whether the Argovian pension fund was subject to cantonal public procurement law when awarding maintenance work in its investment properties. It considered that cantonal law could provide for a broader subjective scope of public procurement law than international, federal, and intercantonal law.
The Federal Court also examined the question of whether the Argovian pension fund was an entity subject to public procurement law under international law. It considered that the Argovian pension fund did not meet the conditions to be considered an entity subject to public procurement law under international law.
The Federal Court also examined the…