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The federal courts

Judgments delivered by the federal courts

Climate activists convicted
Twelve climate activists were rightly convicted of trespassing for their 2018 occupation of a bank branch in Lausanne. They could not claim to have acted in a state of necessity because the requirement of an "imminent danger" was not met. In its decision, the Federal Supreme Court did not have to assess the scientific findings on global warming.
BGE 147 IV 297

 

Restrictions on rallies
According to the Federal Supreme Court, the temporary restriction of the number of participants in rallies to 15 in the canton of Bern due to the coronavirus constituted a disproportionate encroachment on the freedom of assembly. A rally loses its significance with only 15 participants. In contrast, the temporary restriction of the number of participants to 300 was permissible in the canton of Uri.
Judgments 2C_308/2021, 2C_290/2021

 

Imprescriptible offence
The Office of the Attorney General of Switzerland is called to investigate the murder of an Iranian opposition activist in 1990 in Coppet (VD) – purportedly executed by the Iranian secret service – under the aspects of "genocide" and "felonies against humanity". According to the Swiss Federal Criminal Court's Lower Appeals Chamber the provision adopted in 2011 determining the exclusion from limitation for these offences in this case is applicable retroactively.
Decree BB.2021.141


Revocation of Swiss citizenship
The Federal Administrative Court was called upon to consider, for the first time, the revocation of Swiss citizenship. A Turkish-Swiss dual national had organised various actions on behalf of an Islamist terror group. In so doing, he significantly harmed Switzerland’s internal and external security. The Court therefore confirmed the decision of the State Secretariat for Migration to revoke the Swiss citizenship of the person concerned.
Judgment F-5427/2019

 

Public Clouds
In a public invitation to tender, the Federal Office for Buildings and Logistics awarded the contracts for the supply of Public Cloud services to five selected tenderers. Google was not awarded any contract and filed an appeal with the Federal Administrative Court. In its appeal, Google asked inter alia that the signing of any contracts be disallowed pending the final decision of the Court. The Court rejected this appeal in an interim decision.
Case B-3238/2021

  

No patent infringement in Blockchain
The action filed by the licensee of an invention for the speediest data supply in decentralised networked computers failed before the Federal Patent Court. The licensee had argued that transactions initiated by the defendant through its app "Friendz" on what is known as the Ethereum blockchain infringed the patent. The Court concluded that the patent requires the shifting of data, which the Ethereum technology does not do.
Judgment 02019_004