Swiss procurement of MSFT that was challennged by RedHat, latest news

Attached below is the media release of the /ch/open regarding the court decision of the Swiss federal court earlier this week. The court ruled that the administrative court correctly rejected to enter into the case because the complainants had not proven they could offer what was being tendered.

The full text is online (only in German, unfortunately) at
http://jumpcgi.bger.ch/cgi-bin/JumpCGI?id=11.03.2011_2C_783/2010

Most relevant points brutally shortened:

3.3.1: Complaints are legitimate only when the desired product is offered.

3.3.2: Wanting to offer a functionally equivalent product is not sufficient
grounds for a complaint if a specific product is tendered.

3.4: A change of the environment/solution was not desired nor wanted by
the procuring agency, all they sought was an update and licenses for
their Microsoft products. Only companies that can provide such licenses
can complain against the lack of tender.

In other words: They wanted Microsoft, not a solution to a problem, and since
it was only an "update", not a migration, tendering was unnecessary anyhow.

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