The documents relating to the sale of the company ennova to SIG must be handed over, orders the Federal Court, at the end of a dispute which has lasted since 2021. The public authority will have carried this fight to the end, losing each of the rounds.
In terms of transparency, the Federal Court has just handed down an important ruling. Since 2021, the Paysage Libre Friborg association has requested the submission of the sales contract and the annexes in connection with the acquisition in 2014 of the company ennova SA by SIG, as part of its questions with the development of the Friborg cantonal master plan.
The Transparency Law provides for access for everyone to documents in the possession of public institutions, i.e. information media containing information relating to the accomplishment of a public task. Exceptions are provided for, in particular the preservation of business secrets.
“Peremptory” arguments
Despite a notice from the Geneva data protection officer that SIG was wrong, the public authority refused to comply. In October 2023, following an appeal by the association, the Court of Justice considered that the transmission of the 2014 contract and its annexes was not likely to reveal information covered by a business secret. The SIG takes the matter to the Federal Court.
In a judgment dated September 30, 2024, the judges of Mon-Repos put an end to the standoff and in turn ruled in favor of the Friborg association. The High Court does not fail to criticize the SIG, pointing to an “ill-founded”, “ill-motivated” appeal and “peremptory” arguments.
Me Stéphane Grodecki, lawyer for the Friborg association, welcomes the application of the principle of transparency by the Federal Court, while regretting that an association must fight for two years to obtain documents to which it is entitled.
Friborg controversy
This dispute is part of a controversy in Friborg surrounding the development of the wind energy component of the cantonal master plan. The Paysage Libre Friborg association denounces conflicts of interest, arguing that the company ennova SA, owned by SIG, mandated by the canton to develop this master plan, would have opportunely included wind power sites developed by itself.
For the SIG, these declarations amount to “trials of intent, fallacious accusations and personal attacks” and underline that “the opponents have never been able to objectively contest the studies carried out within the framework of planning”. The public authority further notes “that ennova fulfilled its mandate with all the necessary independence” and that “this planning was verified and validated by the Confederation.”
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