Facts
The Canton of Bern has applied to the Federal Inspectorate for Heavy Current Installations (ESTI) for a ruling to obtain a judicial assessment of whether it is entitled to collect fees for its statements in the approval procedure for electrical installations. The ESTI has issued this ruling and found that there is no legal basis for the Canton of Bern to charge fees for its expenses related to providing a statement in the context of an approval procedure for electrical installations.
The Canton of Bern has appealed against this decision to the Federal Administrative Court, which has dismissed the appeal. The Canton of Bern has then appealed to the Federal Court and requested that the decisions of the Federal Administrative Court and the ESTI be set aside and that it be declared entitled to collect fees for its statements in the approval procedure for electrical installations.
Considerations
The Federal Court has upheld the appeal by the Canton of Bern and set aside the decision of the Federal Administrative Court. It has found that the Canton of Bern is entitled to charge the ESTI for the expenses it incurs in providing statements in the context of approval procedures for electrical installations, for onward charging to the applicant.
The court has argued that the cantons play an important role in the approval procedure for electrical installations and that their statements are indispensable for a comprehensive balancing of interests and correct application of the law. It has also…