Decision on the Refusal of Party Compensation in Administrative Proceedings

Facts

SR Technics Switzerland AG (the appellant) had filed a complaint with the Federal Office of Civil Aviation (FOCA) against the threat by Flughafen Zürich AG (the respondent) to block the airport passes of the persons working for the appellant. The FOCA had dismissed the proceedings as having become moot and did not award party compensation to the appellant, as it had been a first-instance administrative proceeding. The appellant then filed a complaint with the Federal Administrative Court, which was dismissed. The appellant then filed an appeal in public law matters with the Federal Supreme Court.

Considerations

The Federal Supreme Court decided that the proceedings before the FOCA were a first-instance administrative proceeding, in which there is no entitlement to party compensation. The respondent was not authorized to unilaterally exercise sovereign authority…