Incitement to hatred on grounds of sexual orientation
For the first time, the Federal Supreme Court has upheld a conviction for discrimination and incitement to hatred on grounds of sexual orientation. In 2021, the convicted man had made derogatory comments about a journalist and the gay and lesbian community in a film interview on the Internet. With the language used and various pejorative expressions, he invited the readers of his post to despise the journalist, in particular because of her sexual orientation. His message was designed to incite and stir up feelings of hatred based on sexual orientation.
Verdict 6B_1323/2023; BGE 150 IV 292
Federal Council address before votes
The Swiss Broadcasting Corporation (SRG) did not violate the principle of diversity with its broadcasting of the Federal Council address on the “Frontex proposal” on Radio SRF before the vote of 15 May 2022. Due to the special nature of the addresses, the requirements for this are less strict than for other vote-related broadcasts. The audience can readily recognise and classify the speeches as part of the Federal Council’s information activities. Those eligible to vote are accustomed to forming their own opinions despite the Federal Council’s adoption of a position.
Judgment 2C_871/2022; BGE publication planned
Former Gambian interior minister on trial for crimes against humanity
The Criminal Chamber of the Federal Criminal Court has found the former Gambian Interior Minister guilty of multiple counts of intentional homicide, torture and false imprisonment as crimes against humanity committed in Gambia between 2000 and 2016 and has imposed a custodial sentence of 20 years and an expulsion order of 12 years. Switzerland’s jurisdiction over purely foreign acts is based on the principle of universal jurisdiction for the prosecution of international crimes. Switzerland has no jurisdiction over charges of rape as a crime against humanity, as no systematic or widespread attack against the civilian population has been established. All parties to the proceedings have appealed the judgment.
Judgment SK.2023.23
Food deliveries are not postal packets
PostCom, the regulatory authority for the postal market, qualified the conveyance of food deliveries by Uber and eat.ch as postal services. As a result, both companies would have had to guarantee their employees the same working conditions as in the postal sector and prepare a collective labour agreement. The Federal Administrative Court upheld the appeals of both companies. It established that the conveyance of goods and part-load freight, which includes food deliveries, falls outside the scope of the Postal Act.
Judgments A-4721/2021 and A-4350/2022
Comparis qualifies as an insurance intermediary
On the comparis.ch website, users can compare insurance solutions and, by clicking onwards, request an insurance offer from the relevant insurer. Although the request for the offer is made through a sister company, the activities of the two companies are necessarily economically interdependent. For these reasons, the Federal Administrative Court upholds the ruling of the Swiss Financial Market Supervisory Authority that Comparis qualifies as an insurance intermediary.
Judgment B-5886/2023
Credible infringement of Stromer’s patent rights
The Federal Patent Court has approved an application by Swiss e-bike manufacturer Stromer for precautionary measures (restraining order, temporary seizure) to be ordered against a competitor. The Court holds that it was credibly demonstrated that the disputed patent is legally valid, and that the design of the competing product in the rear fork/rear axle/motor hub area infringes the patent rights of Stromer. Moreover, Stromer credibly demonstrated that it faced the risk of a decline in sales through the launching of the competing product.
Judgment S2023_004 and S2023_005