CH: Court to BBL: 'Continue using proprietary licences at own risk'
The Swiss government's Department for Building and Logistics (BBL) can continue to use the Microsoft licences it purchased without a public tender earlier this year, but at its own risk, the Federal Administrative Court of Switzerland said today.
According to the court, BBL is taking a chance if it starts using new products, such a the Microsoft Sharepoint server, or when it starts new migration projects. The court could annul the contract, putting the use of these products and migrations at risk.
By allowing BBL to continue using the software licences, the court today updates its earlier decision. In that preliminary ruling, published in late May, the court decided the purchase of further licences should be put on hold. The court will now begin deliberation on its final ruling, a process which can take several months.
Eighteen open source companies filed complaints in May over BBL's
software licence agreement with Microsoft worth 42 million CHF (about 27.8 million euro). Without a call for tender, BBL earlier this year signed a contract for software for PC workstations, applications, maintenance, and support.
The companies say the court update is an important success. In an emailed statement, the group says: "The federal government should make its procurements vendor-neutral. The government can no longer say that there are no alternatives to Microsoft. It is crucial that the court has rejected all claims by BBL that our appeal is hopeless."
What happens next is not is not entirely clear, comments spokesperson for the group, Sven Leser: "But we will continue our case in court."
BBL is awaiting the court's final ruling, the Neue Zürcher Zeitung on Friday quoted spokesperson Nadia Lützelschwab. The risk that a contract is annulled will be assessed on a case-by-case basis.
More information:
Neue Zürcher Zeitung news item (in German)
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