Graubünden authority avoids access to settlements in construction scandal
Published: Thursday, Dec 5th 2024, 13:10
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An SRF journalist is granted access to the settlement agreements between the canton of Graubünden and the construction companies involved in the construction cartel scandal. However, the Federal Supreme Court has ruled that these companies must first be heard. The Graubünden authorities and the judiciary have so far failed to do so.
The Graubünden Department of Infrastructure, Energy and Mobility twice rejected the journalist's request for access to the settlement agreements. Following an appeal to the administrative court, the department wanted to grant him access once the court proceedings associated with the matter had been concluded.
A further appeal to the cantonal administrative court was necessary. The court clarified the department's decision that the journalist should be granted access to the agreements within 20 days of notification of the decisions in the proceedings pending before the Federal Administrative Court. This is the result of a ruling published by the Federal Supreme Court on Thursday.
The Administrative Court justified the 20-day deadline on the grounds that the Federal Administrative Court might otherwise be provided with new information on the case.
Information to affected companies
The Federal Supreme Court counters that the settlements are an undisputed part of the files in the proceedings of the Competition Commission (ComCo). There are no indications that the Competition Commission did not hand over the files to the Federal Administrative Court in full, contrary to its statutory duty.
However, it is clear that the companies affected by the inspection of the settlement agreements were not consulted by the department or the lower court. This should have happened so that they could assert their interests. This must be made up for at the behest of the Federal Supreme Court. (Judgment 1C_149/2023 of 8.11.2024)
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