Facts
The Department of Urban Space and Events of the City of Lucerne advertised three refreshment booth stall spaces for the use of public land of the City of Lucerne for the period from 1 January 2021 to 31 December 2027 in the Cantonal Gazette No. 48 of 1 December 2018. For the disputed stall space, two applicants submitted a dossier: the current operator of the refreshment booth, [A.] , and [B.] and [C.] jointly as "Team [D.] ". The evaluation of the application dossiers resulted in a tie, whereupon the two applicants were invited to a presentation before a five-member jury. The "Team [D.] " achieved 99 out of 150 points in the oral presentation, while [A.] achieved 69 points. By order of 2 July 2019, the Department awarded the contract to [B.] and [C.] as "Team [D.] ". The administrative court appeal filed against this order by [A.] was dismissed by the Cantonal Court of the Canton of Lucerne in a judgment of 4 February 2020.Considerations
The Federal Supreme Court examines whether the lower instance has not unduly restricted its cognition. The lower instance has freely established the facts, examined whether the Department has exercised its discretion properly, and - albeit with restraint - has carried out a review…