Facts
[A.] operates an architecture firm in Geneva in the form of a sole proprietorship. From 1998 to 2001, its annual turnover ranged between CHF 2.8 and 4 million, with expenses ranging from CHF 2 to 2.8 million and a payroll between CHF 1.65 and 1.98 million. The profit realized during this period varied from over CHF 500,000 to over CHF 1.9 million. In 1998 and 1999, [A.] concluded several major contracts, notably as a general contractor. In 2003, B., a contractor in conflict with [A.] regarding the payment of an invoice, requested the registration of [A.] in the CRO. The Cantonal Supervisory Authority ordered [A.] to register with the CRO, which the latter contested before the FTA.Considerations
The FTA considered that, given the importance of the activities of A.'s architecture firm (high turnover, numerous employees, significant profits, general contractor contracts), it should be considered a commercially operated enterprise within the meaning of Art. 53 let. C CRO and was therefore…