Facts
The AGV Aargauische Gebäudeversicherung (Contracting Authority) publicly tendered the delivery of around 6,000 fire protection jackets and trousers for the fire brigades in the canton of Aargau. [A. AG] was awarded the contract, whereupon [B.] m.b.H. filed a complaint with the Administrative Court of the Canton of Aargau. The Administrative Court annulled the award to [A. AG] , as it did not meet the eligibility criteria of several years of experience in the production and delivery of fire protection equipment. [A. AG] and the Contracting Authority then filed appeals with the Federal Supreme Court.Considerations
The Federal Supreme Court concluded that neither [A. AG] nor the Contracting Authority had raised a legal question of fundamental importance. Therefore, it did not enter into the appeals in public law matters. However, the subsidiary constitutional appeal of [A. AG] was dismissed. The Federal Supreme Court considered it to be in accordance with the Constitution that…