Facts
The City of Geneva published a call for tenders for the award of building cleaning contracts for administrative and public buildings. Bidding companies had to respect a minimum hourly wage of 25 fr. under penalty of exclusion. The Administrative Chamber of the Court of Justice of the Republic and Canton of Geneva cancelled the call for tenders, considering that this requirement was contrary to economic freedom. The City of Geneva then published a new call for tenders with award criteria, including the level of remuneration of maintenance staff, weighted at 15%. The Court of Justice refused this criterion, estimating that it was not established that the level of wages had a link with the quality of the services.
The City of Geneva filed a subsidiary constitutional appeal with the Federal Court, arguing that the Court of Justice had violated its communal autonomy and its right to be heard. The Federal Court dismissed the appeal.
Considerations
The Federal Court examined the question of the admissibility of the award criterion 'level of remuneration of maintenance staff' in the public contract. It considered that the Court of Justice had correctly applied the law in refusing this criterion, as it was not established that the level of wages had a link with the quality of the services.
The Federal Court also examined the question of communal autonomy and considered that the City of Geneva had the right to denounce the excess of power of the Court of Justice and the violation of the rules of federal, cantonal or communal…