A draft contract of 5 July 2005 between RTS Flexible Systems and the dairy company Molkerei Alois Müller said it would not take effect until it was signed and exchanged. The work began before that happened.
In 2010 the Supreme Court held that a binding contract had come into being by conduct, on or about 25 August 2005, on the terms the parties had agreed. It also warned that a court “should not impose binding contracts on the parties which they have not reached.”