Financial assistance for the acquisition and operation of particularly low-noise freight wagons

Facts

The HUPAC AG submitted an application for financial assistance for the acquisition and operation of particularly low-noise freight wagons to the Federal Office for the Environment (FOEN) on 13 December 2016. The FOEN rejected the application by decision of 14 March 2017, as the application had been submitted after the acquisition of the freight wagons. The HUPAC AG lodged a complaint with the Federal Administrative Court, which dismissed the complaint by judgment of 14 January 2019.

The HUPAC AG appealed to the Federal Court with a complaint in public law matters and requested that the judgment of the Federal Administrative Court be set aside and the application of 13 December 2016 be approved. It also requested that financial assistance of at least CHF 991,029.60 be granted.

Considerations

The Federal Court examined the complaint and came to the conclusion that the appellant has a claim to protection of the legitimate trust in the assurances of the FOEN. The FOEN had expressed itself to the appellant on several occasions in a manner that can be understood as an assurance for future subsidy granting.

The Federal Court found that the appellant was entitled to rely on the assurance of the FOEN and that there is a causal link between the basis of trust and the exercise of trust. It also came to the conclusion that…