Inadmissibility of the appeal in public law matters and the subsidiary constitutional appeal against a tender decision

Facts

In the Official Gazette No. 33 of August 18, 2006, the Head of the Department of Economics and Spatial Development of the Canton of Valais advertised the maintenance and updating of the official survey for each municipality in the districts of Goms and Östlich-Raron for a period of five years (January 1, 2007 - December 31, 2011) in an open procedure. The State Council of the Canton of Valais awarded the advertised work in the municipalities of Fiesch, Bellwald and Betten to Y. AG. Against this decision, the unsuccessful applicant X. AG filed three appeals with the Cantonal Court of the Canton of Valais, which were dismissed.

The Federal Court does not enter into the appeal in public law matters filed by X. AG against this judgment, and it also does not accept the relevant submission as a subsidiary constitutional appeal.

Considerations

According to Art. 83 let. f of the Federal Act on the Federal Court (BGG), the appeal in public law matters against decisions in the field of public procurement is already excluded if one of the two grounds for exclusion is given: The admissibility of the legal remedy requires that the mentioned thresholds are reached and at the same time a legal question of fundamental importance arises. Since the present appeal does not contain any explanations on the fulfillment of the prerequisite of a legal question of fundamental importance, the legal remedy proves to be inadmissible.

Since this is a final cantonal appeal decision, it must be examined…