Kernrechtsfrage
Whether the state court's annulment and exclusion of Bietergemeinschaft 1 for prior involvement was arbitrary
Extrahierter Entscheid
Yes. The cantonal court applied the prior-involvement doctrine too broadly and failed to establish a concrete, proven competitive advantage; the judgment was arbitrary.
Extrahierte Begründung
The earlier tasks were small and partly separate sub-assignments within the same project. The existence of a possible advantage was not enough; the competitor or authority had to show a real, unpermitted competitive benefit. The cantonal court also failed to investigate sufficiently whether such a benefit existed.