Initiative for free public transport invalid
According to a popular initiative submitted in 2020 in the canton of Fribourg, a guarantee for free public transport should be included in the cantonal constitution. The cantonal parliament declared the initiative invalid. Rightly so, ruled the Swiss Federal Supreme Court. The initiative is not compatible with the Swiss Federal Constitution, which stipulates that the costs of public transport must be covered to a reasonable extent by the fares paid by users.
BGE 149 I 182
Singles not discriminated against by TV license fee
A man living alone had claimed that single poeple were discriminated against by the licence fee for radio and television reception compared to households with more than one person. The Swiss Federal Supreme Court rejected his appeal. Parliament explicitly opted for the model of a fee per household. It rejected other collection models. The law itself and the will of the legislator are therefore clear and binding for the Swiss Federal Supreme Court. Discrimination against single poeple is not apparent.
Judgment 2C_547/2022
The Office of the Attorney General has jurisdiction
A man was arrested while leaving the country for Italy in possession of 170,000 francs in cash. He declared he was collecting money as a member of an independent group in Europe for the purchase of war material for Ukraine. There were found minor traces of drugs on the money. The Office of the Attorney General of Switzerland refused to take over the criminal proceedings from the prosecutor’s office of the Canton Ticino. The Lower Appeals Chamber of the Federal Criminal Court ruled that the Office of the Attorney General had the jurisdiction in the present case. In the first place, there could be a violation of the War Material Act, which falls under the jurisdiction of federal authorities and not of the cantons.
Decree BG.2023.18
Standard of proof for shooting a wolf
The Federal Office for the Environment relied solely on genetic DNA samples taken from killed farm animals when considering requests to eliminate an alpha wolf of a pack. The Canton of Graubunden considered this practice too restrictive. The Federal Administrative Court granted the appeal and authorised the cantons to submit other evidence to establish the destructive behaviour of the specific parent animal.
Judgment A-5142/2021
Fine against cartels
A company filed an appeal maintaining that the cartel fine imposed on it was too high given its participation in the leniency programme after its voluntary reporting. The Federal Administrative Court dismissed the appeal and clarified new questions relating to this programme. The Court notably specified that the decisive factor justifying the leniency programme was the objective added value of the company’s contribution towards establishing the facts.
Judgment B-645/2018
The technology behind emojis
Pear AG, a Swiss company, filed a patent infringement action against Apple Inc. At issue was the technology for transmitting emojis in text messages. Under the patented technology, the selected emoji is not sent as a graphic but as a string of characters which the receiving mobile phone uses to find and display the corresponding representation in its memory. The Federal Patent Court dismissed the action. All the patents in question are invalid.
Decision O2020_014