Facts
The political municipality of Tujetsch and its members of the municipal council lodged a constitutional complaint against the judgment of the Administrative Court of the Canton of Grisons, which obliged them to conclude a purchase contract for a piste machine with [X. AG] . The municipality of Tujetsch had originally advertised the procurement of a piste machine in an open procedure and awarded the contract to [Y. AG] . After a complaint by [X. AG] , the Administrative Court overturned the award decision and referred the matter back to the municipality for re-tendering. The municipality again awarded the contract to [Y. AG] , which the Administrative Court again overturned and directly awarded the contract to [X. AG] .
The municipality of Tujetsch then decided to refrain from procuring a piste vehicle, as the credit approved for 2002 had lapsed and the financial situation had deteriorated. [X. AG] requested the Administrative Court to enforce the judgment, which the court enforced with the threat of penalties under Art. 292 SCC.
Considerations
The Federal Court examined whether the contested decision violated communal autonomy. It found that the municipality of Tujetsch has the necessary relatively significant decision-making freedom in its autonomous area and thus enjoys autonomy protection. The court concluded that the award in a tendering procedure does not create a contractual obligation for the bidder and the bidder cannot be forced to conclude a contract if it wishes to refrain from a purchase.
The Federal Court found that the Administrative Court had exceeded…