Questão jurídica principal
Whether the property transfer between the City of Fribourg and the municipal property body constituted a pre-emption event under Art. 216c OR / Art. 47 BGBB.
Decisão extraída
No pre-emption event existed because the transfer was an internal administrative reorganization within the same public entity and not an economic sale.
Fundamentação extraída
The respondent belonged to the City of Fribourg as a public-law body; the city remained economically entitled to the property before and after the transfer. The transaction did not aim at realizing value but at reorganizing administration, which falls within the non-sale-like exceptions of Art. 216c(2) OR.