Question juridique clé
Whether the missing BGBB notice in the auction conditions justified invalidating the auction award and ordering a new sale under Art. 52 VZG.
Solution extraite
The auction conditions were defective, but the applicants lost the right to rely on that defect because they did not object in time before the auction concluded.
Motifs extraits
The court held that a bidder or interested party must raise the objection immediately before the auction, at the latest when the auctioneer informs the public of the BGBB-related obligations. Since the applicants knew the sale would go ahead and did not protest in time, they could not challenge the award afterwards.