Facts
In 1996, the municipality of Wangen and X. AG concluded a concession contract that granted the municipal council the right to approve the electricity tariffs of X. AG. After the Electricity Supply Act (ESA) entered into force in 2008, the municipal council issued a decree that limited the electricity tariffs of X. AG to a maximum of 15% above the tariffs of the municipal electricity utility Wangen. X. AG filed a complaint against this, arguing that the municipal council's tariff approval competence was no longer permissible under federal law.Considerations
The Federal Supreme Court decided that the determination of electricity tariffs is conclusively regulated by the federal Electricity Supply Act. The only exception is charges and services to the public, which can be made under cantonal and municipal law. Otherwise, the electricity tariffs are subject to the supervision of the Swiss Federal Electricity Commission (ElCom), which can review the tariffs and make adjustments.
Additional tariff supervision by the municipal council would lead to duplication and potential contradictions. Although the concession contract as such has not become obsolete with the entry into force of the ESA, as the…