Facts
The Oberengadin-Bergell Waste Management Association (appellant) and Corvatsch Power GmbH (respondent) disputed the conclusion of a contract for the collection and transport of municipal waste. The respondent had been awarded the contract for the period from June 1, 2006 to May 31, 2011, but had not signed the contract because it demanded an adjustment of the annual waste quantity and higher compensation.
The Cantonal Court of Graubünden had obliged the appellant to conclude the contract with the respondent and awarded damages of 10,800 francs. The appellant appealed this decision to the FSCA.
Considerations
The FSCA first examined whether the disputed contract was of public or private law nature. It concluded that the contract could be considered private law without violating federal law, as the parties had originally assumed a private law contract and the contract detailed the services to be provided.
The FSCA then examined whether a contract had been concluded between the parties. It concluded that the respondent had not accepted the appellant's offer in a timely manner and that its rejection of the offer cancelled the binding…