Facts
The Canton of Bern and the Municipal Council of Huttwil disputed the recovery of federal contributions for the new building of the vocational and commercial vocational school Huttwil. The Federal Office for Professional Education and Technology had approved a federal contribution of CHF 690,483.--, which was partially reclaimed after the vocational school was closed.
The Education Directorate of the Canton of Bern had ordered the closure of the school because the number of apprentices had decreased and no change was expected. The Appeals Commission of the Federal Department of Economic Affairs had dismissed the appeal of the Canton of Bern and confirmed the claim for recovery.
The Canton of Bern filed an administrative appeal with the Federal Supreme Court to overturn the decision of the Appeals Commission. The Municipal Council of Huttwil was involved in the proceedings and contested the passive legitimacy of the Canton of Bern.
Considerations
The Federal Supreme Court examined the question of whether a misuse had occurred and whether the Canton of Bern was obliged to repay the federal contribution. It found that the closure of the vocational school constituted a misuse, as the premises were no longer used for their original purpose.
The court found that the Canton of Bern was responsible for organizing vocational education and that the closure of the school represented a misjudgment by the canton. It was not understandable why the federal subsidy provider should bear the consequences of such a misjudgment.
The Federal Supreme Court ruled that the…