Elekta wins Challenge of Direct Award of Contract under Public Procurement Law

Elekta, a global medical technology company specialising in cancer treatment solutions, successfully challenged a direct award by Kantonsspital Baden AG before the Administrative Court of the Canton of Aargau. The contracting authority had awarded a contract valued at approximately CHF 5 million without conducting a competitive tender, relying on the exception for technical specificity under Art. 21(2)(c) of the Intercantonal Agreement on Public Procurement (IVöB).

In its decision of 3 September 2026, the Court set aside the direct award. It held that the contracting authority had failed to discharge its burden of proof that no reasonable alternative to the awarded product existed. The decision confirms that direct awards remain a narrow exception for which the contracting authority bears both the duty to investigate and the burden of proof.

Lenz & Staehelin's Public Procurement team represented Elekta in these proceedings. The team was led by Astrid Waser (partner) and included associate Sandro Travaglini (both Public Procurement).