Bundesverwaltungsgericht Archives - m&k https://www.markt-kom.com/en/tag/bundesverwaltungsgericht/ The creative side of the economy Tue, 06 Sep 2022 19:47:45 +0000 en-US hourly 1 https://wordpress.org/?v=7.1.3 https://www.markt-kom.com/wp-content/uploads/2024/07/favicon-150x150.png Bundesverwaltungsgericht Archives - m&k https://www.markt-kom.com/en/tag/bundesverwaltungsgericht/ 32 32 Streit um Namen «TX Group»: Solarfliesenfirma geht vor Bundesverwaltungsgericht https://www.markt-kom.com/en/medien/streit-um-den-namen-tx-group-solarfliesenfirma-ruft-bundesverwaltungsgericht-an/ Tue, 06 Sep 2022 16:04:42 +0000 https://www.markt-kom.com/?p=185671
On the left, the logo of the Rapperswil-based solar tile company; on the right, that of the Zurich-based media group.

The Rapperswil-based company had the name TX Group re-registered with the Commercial Register Office in St. Gallen on December 19, 2019. One day later, the same thing happened at the Commercial Register Office in Zurich. In this case, it was the former Tamedia that had changed its name at the Extraordinary General Meeting. This emerges from the facts of a public party hearing before the Federal Administrative Court on September 19.

The then Tamedia had announced its planned name change in a media release at the end of November. The Zurich and St. Gallen Commercial Register Offices were nevertheless unaware of the virtually simultaneous registration of the TX Group name. Both authorities reported the name to the Federal Office for the Commercial Register in Bern.

Rapperswil TX Group claims name for itself

In mid-March last year, the Rapperswil-based company claimed in Bern that the name TX Group belonged only to it. The Office for the Commercial Register should therefore ensure that the legal status is restored or it should issue a contestable ruling.

According to the facts of the case, the office did not accept the request because it did not consider itself competent. It justified its decision by saying that it could not make any changes to the Zurich Commercial Register. The Rapperswil-based TX Group has therefore appealed to the Federal Administrative Court. (sda.)

]]> Gericht weist Beschwerde der TX Group wegen SBB-Werbeflächen ab https://www.markt-kom.com/en/markom/sbb-werbeflaechen-beschwerde-der-tx-group-gegen-vergabe-abgewiesen/ Thu, Sep 1, 2022 10:00:13 +0000 https://www.markt-kom.com/?p=185352 In 2017, SBB issued a new invitation to tender for the use of third-party advertising space. This involved the transfer of the right to provide, market and manage space for paper posters at railroad stations and digital advertising space. The contract is valid from 2019 for a period of up to ten years, as the Federal Administrative Court wrote in a ruling published on Thursday.

Six companies - including the TX Group - competed for the contract. In November 2017, SBB awarded the contract to APG, against which the losing media company appealed to the Federal Administrative Court.

The judges ruled that the tendering of third-party advertising space was subject to concession law and not to public procurement law. By paying for the space, the successful tenderer would indirectly contribute to the financing of SBB's public tasks.

Scope for selection

For the special use concession, a minimum rent is to be paid irrespective of turnover and an amount dependent on the annual turnover as a percentage. This differs from the constellation that exists in public procurement. According to the Federal Administrative Court, SBB has greater leeway in selecting a concessionaire.

The court rejected the TX Group's complaints. It sees no evidence that information was not passed on equally to all applicants during the renegotiations in the course of the procedure.

Nor had there been any unequal treatment of the same. The award criteria and their weighting had been passed on transparently to everyone. Furthermore, SBB had not unlawfully handled business secrets of the TX Group. The ruling is not yet legally binding and can be appealed to the Federal Supreme Court. (sda.)

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