Facts
Brothers [A.] and [C.] were co-owners of the agricultural business "[E.] ", each holding a 50% share, and they managed it together. In 1992, the former Agricultural Office of the Canton of Lucerne recognized two independent enterprises with a shared barn. After a review by the Federal Office for Agriculture, the latter informed the Agriculture and Forestry Department of the Canton of Lucerne in 2009 that the previous handling was legally not comprehensible and that there was only one enterprise.
The Agriculture and Forestry Department revoked the recognition of the two enterprises retroactively from 1 January 2012 in 2013 and recognized the agricultural business as the sole independent enterprise, with [A.] and [C.] as the operators. The Federal Administrative Court essentially confirmed these orders.
Considerations
The Federal Supreme Court confirmed the revocation of the recognition of the two enterprises, as the requirements for legal, economic, organizational and financial independence pursuant to Art. 6 para. 1 lit. c of the Ordinance on Agricultural Terms and the Recognition of Types of Enterprises (AgricTermO) were not met. Brothers…