Key legal question
Whether companies whose main activity is drilling for geothermal probes fall within the territorial and sectoral scope of the FAR CBA
Extracted holding
Yes. Their defining activity is deep drilling for geothermal probes, which is a form of civil engineering within Art. 2(4)(a) AVE GAV FAR.
Extracted reasoning
The court held that the decisive criterion is the marketed main service and its predominant activity, not the commercial register entry or the purpose of the drilling. Geothermal-probe drilling is comparable to other drilling work in deep construction and is covered by the broad term 'Tiefbau'.