Press releases 2022


Price collusion in airfreight transport partially confirmed

The Federal Administrative Court confirms that in the airfreight sector price collusion had partially taken place, but reduces the fines imposed by the Competition Commission. It also lifts a ban prohibiting airlines from exchanging relevant information.


The Court confirms a 20-year ban on entry

An Italian national was repeatedly convicted of sexual abuse against minors. The Federal Administrative Court confirms the 20-year ban on entry ordered against him.


Adaptation of the waiting period for family reunification

Henceforth, the statutory three-year waiting period for family reunification may no longer be strictly and automatically applied in the case of persons temporarily admitted to Switzerland. The Federal Administrative Court is bringing its case-law into line with a judgment handed down by the European Court of Human Rights.


Competence of the SEM to order a ban on entry

Following the coming into force of the provisions of the Swiss Criminal Code relating to the federal popular initiative on the expulsion of foreign criminals, the powers of the State Secretariat for Migration in the matter of entry bans have been modified. The Federal Administrative Court has clarified these responsibilities in a recent judgment.


Compensation awarded for personal injury

In 2014, a pregnant Syrian was ordered to return to Italy from Brig despite suffering pain. The Swiss Border Guard refrained from calling for medical assistance. The Federal Administrative Court has therefore awarded her financial compensation.


Public clouds: no precautionary measures

In light of the Federal Administration’s plans to potentially store data in public clouds, a private individual requested that the Federal Administrative Court prohibit this proposal from going ahead. The individual also requested that precautionary measures be put in place.


SBB awarded advertising spaces for third parties lawfully

The Swiss Federal Administrative Court rejects the appeal of the TX Group regarding the licence for the use of SBB-advertising spaces for third-parties awarded to Allgemeine Plakatgesellschaft.


TV commercial does not violate ban on political advertising

CH Media’s television stations have been found not to have violated the ban on political advertising before public votes in 2020. This ruling by the Federal Administrative Court is based on an assessment of a TV commercial.


New Axenstrasse: appeal dismissed

The Federal Administrative Court has dismissed an appeal lodged by environmental associations against the planning approval of the “N04 Neue Axenstrasse” project. This is the Court’s first ruling on the applicability of the Alpine Convention to an infrastructure project.


Asylum: federal subsidies to cantons

In the event of a non justifiable expiry of the statutory time limit for Dublin transfers, the Confederation may cancel the subsidies paid to the cantons.


Sports on pay-TV: Sanction of CHF 71.8 million confirmed

In 2016, the Competition Commission imposed a sanction amounting to CHF 71.8 million on Swisscom, Cinetrade and Teleclub for anti-competitive behaviour in connection with football and ice hockey broadcasting. The Federal Administrative Court essentially dismisses the appeal and confirms the sanction to be paid.


Dismissal confirmed for members of the Special Forces

The Federal Administrative Court (FAC) confirms the dismissal of four members of the Special Forces Command who refused vaccination against Covid-19.


Stricter criteria for transfers to Greece

The Federal Court of Administration clarified its case law on the acceptability of enforcing the removal of recognised beneficiaries of protection to Greece. Henceforth, stricter criteria will apply in the case of vulnerable persons.


Easing of requirements for Dublin transfers to Italy

In the framework of what are known as “take-charge” transfers pursuant to the Dublin Agreement, Swiss authorities no longer have to request preliminary guarantees, not even for persons with serious health problems who have not yet applied for asylum in Italy. The Federal Administrative Court has rendered this decision in a reference judgment.


Judgment on the dismissal of an ETH professor

The Federal Administrative Court holds that the dismissal of a professor by ETH Zurich is neither unlawful nor gender discriminatory. However, since the dismissal was not preceded by a warning, the Court awarded the professor indemnification totaling eight months’ salary.


Wolves of the Stagias pack may not be culled

In summer 2021, wolves killed a total of eleven sheep on the Alp Lavaz. But because three of the sheep were killed outside the protected pastureland, the Federal Administrative Court confirmed the decision of the Federal Office for the Environment not to permit the culling of three young wolves from the pack.


Judgment on a reserved zone for future SBB maintenance facility

The Federal Office of Transport has designated a reserved zone in Arbedo-Castione for the construction of the future SBB maintenance facility. The Federal Administrative Court finds, that the appellants lack the right of appeal and declares their appeals inadmissible.


Justitia 4.0: Judgement on the invitation to tender

The association «Digitale Gesellschaft» and a Swiss IT company lack the right of appeal against the invitation to tender for the planned judicial platform «Justitia.Swiss». The Federal Administration Court therefore dismisses their appeal without entering into the substance of the case.



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