Facts
A. SA filed an appeal against the award decision of the City of Zurich for the establishment and operation of a bicycle rental system. The City of Zurich had placed the offer of B. AG in first place and assigned A. SA the third rank. The Administrative Court of the Canton of Zurich did not enter into the appeal of A. SA, as it did not qualify the notification of the ranking of February 25, 2015 as an appealable award decision.
The Federal Supreme Court confirmed the non-entry decision of the Administrative Court. It concluded that the notification of the ranking of February 25, 2015 did not yet represent a final award decision, as a deadline had been set for the B. AG in first place to submit proof of financing. Thus, there was no suitable object of appeal.
Considerations
The Federal Supreme Court examined whether the appeal in public law matters is admissible. It concluded that the requirements of Art. 83 lit. f BGG are not met, as there is no legal question of fundamental importance. The question of whether the notification of the ranking is to be qualified as an appealable award decision concerns the application of already established case law principles to the individual case.
In the subsidiary constitutional…