Facts
The X. GmbH domiciled in Germany filed a complaint against the decision of the Cantonal Court of Basel-Landschaft, Division of Constitutional and Administrative Law, dated October 28, 2009. This had upheld a complaint by two companies from Basel-Landschaft against the decision of the Government Council of the Canton of Basel-Landschaft on the declaration of general applicability of provisions of the collective labor agreement (CLA) for the finishing trade and revoked it.
On September 21, 2010, the Government Council of the Canton of Basel-Landschaft revoked the disputed declaration of general applicability as of September 30, 2010, as the social partners involved in the CLA had repealed it, because in the meantime a supra-regional CLA had been concluded, which had been declared generally binding by the Federal Council.
Considerations
The Federal Supreme Court decided that the interest of the complainant in the main matter is to be considered no longer current, as the disputed declaration of general applicability has been revoked. An exception to the requirement of current practical interest was not justified, as a possible reintroduction of a security deposit requirement by the complainant could be challenged in a timely manner.
However, it was found that the lower court had wrongly…