Questão jurídica principal
Whether the commune had standing to invoke constitutional complaints and autonomy in a public procurement dispute
Decisão extraída
Yes. The commune could rely on its constitutionally protected autonomy in organizing and conducting the procurement, and could also raise closely linked arbitrariness, equality, and transparency arguments.
Fundamentação extraída
In cantonal law the commune retained genuine discretion over procurement procedure and award criteria, so an autonomy grievance was admissible under art. 88 OJ; related constitutional complaints were also admissible.