Facts
The Canton of Aargau operates a network of 40 cantonal measurement stations to determine the discharge of its smaller watercourses. As part of the HydroNet Argovia - Online 2007 project, the automation of an additional 20 measurement stations was to be realized. The Canton of Aargau submitted an application to the Federal Office for the Environment (FOEN) for a federal contribution of CHF 966,650 towards the project costs and CHF 750,000 towards the operating and maintenance costs. The FOEN rejected this subsidy application, which was confirmed by the Federal Administrative Court. The Canton of Aargau then filed a complaint with the Federal Supreme Court.Considerations
The Federal Supreme Court dismissed the complaint. It concluded that the Canton of Aargau had commenced the construction of the measurement stations before the final or fundamental assurance of compensation, which is inadmissible under Art. 26 of the Federal Act on Financial Assistance and Compensation (SuG). The Federal Supreme Court denied the existence of an informal authorization by the FOEN, as claimed by…