Facts
The Swiss Sample Fair in Basel, which was previously organized as a public law cooperative, was converted into a joint-stock company pursuant to Art. 762 CO in the year 2000. This joint-stock company, which today bears the name "Swiss Sample Fair AG" or "Messe Basel", among other things, organizes the international art fair ART in Basel.
A.X. and B.X., who operate a gallery in R., had participated as exhibitors at the ART from 1989 to 1998. However, for the year 1999, they received a rejection from the fair management, whereupon they unsuccessfully filed a request for reconsideration. Their application was also rejected for the ART 31 in the year 2000.
The spouses X. filed a constitutional complaint with the Federal Court against these rejection decisions.
Considerations
The Federal Court does not enter into the constitutional complaint, as the rejection decisions of the fair management and the appeal commission appointed by it do not constitute appealable sovereign acts within the meaning of Art. 84 para. 1 OG.
The Swiss Sample Fair AG is organized under private law as a joint-stock company, even though the Canton of Basel-Stadt is involved in it. The legal relationships of this company with private third parties are subject to the rules of private law, unless there are any conflicting public law regulations. The rejection of admission to the ART by the fair management and the appeal commission thus…