The radio broadcasting licence for Graubünden and Glarus remains with Südostschweiz Radio AG

On 11 January 2024, the Federal Department of the Environment, Transport, Energy and Communications (DETEC) awarded Radio Alpin AG (in formation at the time) a radio licence for the “Southeast Switzerland - Glarus” coverage area. In its judgment A-929/2024 of 23 January 2025 (media release), the Federal Administrative Court (FAC) upheld an appeal against the granting of the licence and awarded the licence to Südostschweiz Radio AG. This judgment was not subject to standard legal remedy. Radio Alpin Grischa AG subsequently filed an appeal with the FAC, requesting that the judgment of 23 January 2025 be overturned and a new decision issued.

No grounds for appeal
The law sets high standards for the revision of judgments which are already final. Radio Alpin Grischa AG claimed that the FAC had inadvertently disregarded significant facts of the case in its judgment of 23 January 2025. The Court had purportedly overlooked that Radio Alpin Grischa AG was planning to recruit the requisite number of programme-makers. In judgment A-1452/2025 of 19 November 2025, the Court finds that there are no legal grounds for revision and that there is consequently no need to re-decide the award of the licence. The licence application by Radio Alpin Grischa AG did not contain clear and unequivocal specifications about the number of positions in the programme area. Furthermore, an appeal cannot serve to challenge the legal reasoning behind a judgment. The Court rejects the appeal lodged by Radio Alpin Grischa AG.

This judgment is final and may not be appealed to the Federal Supreme Court.