Facts
The Swiss Central Office for the Import of Liquid Fuels and Heating Oils Carbura is an association that, on behalf of the Federal Office for National Economic Supply (BWL), is responsible for issuing permits for the import of liquid fuels and heating oils and for monitoring the corresponding mandatory stockpiling. The Federal Department of Economic Affairs and the BWL had approved the statutes as well as various regulations and implementing provisions of Carbura.
On October 23, 2007, the BWL revoked with effect from June 15, 2008 all previously granted approvals of the provisions of Regulation I for Importers, the implementing provisions for Mandatory Stockpiling Program XIV, the implementing provisions for investment compensation, and the implementing provisions for the Carbura Tank Storage AG. The BWL justified this by stating that these approvals had been granted without sufficient legal basis, insofar as they concerned financial services of the Carbura Guarantee Fund.
Carbura filed an appeal against the revocation decision of the BWL with the Federal Administrative Court, which, however, did not enter into the appeal, as the approved provisions were acts of legislation and therefore decrees against which no appeal could be filed with the Federal Administrative Court.
Considerations
The Federal Supreme Court overturned the non-entry decision of the Federal Administrative Court and remanded the case for re-evaluation to the Federal Administrative Court. It stated that the revocation of the approval of regulatory provisions of a…