Facts
[X.] Radio AG operated two radio stations and one television station. The Federal Office of Communications (BAKOM) determined the share of revenue from reception fees for the years 2003, 2004, and 2005 and declared claims for reimbursement to be statute-barred. [X.] Radio AG applied to the Federal Supreme Court to pay the splitting amounts for the years 2004 and 2005 in full and to pay out the remaining balance.
The Federal Administrative Court had previously partially upheld the complaint of [X.] Radio AG and awarded a balance for the financial year 2003. BAKOM had no claim for reimbursement in connection with the amount already paid for the financial year 2005.
Considerations
The Federal Supreme Court examined the admissibility of the complaint and came to the conclusion that the complaint in public law matters is admissible, as it concerns the amendment of a subsidy to which there is no legal entitlement.
The court pointed out that the broadcasting law fee share is a subsidy within the meaning of the SubA and that the SubA is applicable to its allocation as a whole. BAKOM had fixed the respective maximum amounts and paid out 80% of them, with the definitive determination of the contribution being made dependent on the approval of the previous year's accounts.
The court came to the conclusion that BAKOM was entitled to make a new decision on the contributions for Radio [AX.] , as the original decision did not contain all the bases necessary for determining the final amount. The objection of the complainant that BAKOM was no longer allowed to make a new decision based on Art. 18 Abs. 1 SubA was rejected.
The court also examined the…