Questione giuridica chiave
Whether the cantonal appeal court lacked jurisdiction over the rail portion of the procurement award
Decisione estratta
The cantonal court was not the competent appeal body for the railway portion; however, this did not make the cantonal procedure unconstitutional in the circumstances.
Motivazione estratta
At the relevant time federal procurement law did not yet apply to the railway share at the given threshold, and the newer rule on the main contracting authority was not yet in force for this procedure.