Facts
Company A. SA, whose headquarters is located in U. in the canton of Vaud, has as its statutory purpose the organization of shows and events, including fireworks. Due to the cancellation of various festive events because of the gathering restrictions decided to combat the coronavirus pandemic, the company suffered financial losses. It filed a claim for compensation for financial losses with the Cultural Affairs Service of the Department of Education, Youth and Culture of the canton of Vaud, under the Federal Ordinance on the mitigation of the economic consequences of coronavirus (COVID-19) in the cultural sector.
The cantonal service rejected the compensation claim, considering that the company's field of activity was not part of the scope of the COVID Ordinance in the cultural sector. The decision also indicated that, in accordance with the Ordinance, it was not subject to appeal.
The company filed a subsidiary constitutional appeal with the FSCA, challenging the refusal of compensation and requesting the annulment of the cantonal service's decision.
Considerations
The FSCA examined the admissibility of the appeal and considered that the COVID Ordinance in the cultural sector of March 2020 still applied in this case, including its art. 11 al. 3, which excludes any possibility of appeal against its implementation decisions. However, the FSCA estimated that this exclusion violated art. 29a of the Federal Constitution, which guarantees the right of access to the courts.
The FSCA also examined whether the appeal filed by the company met the ordinary admissibility conditions set by the FSCA and considered that the company was not in any of the…