The Swiss Federal Institute of Intellectual Property correctly ordered the copyright collective ProLitteris to partially reclaim supplementary wage payments made to three members of the management. This is the decision of the Federal Administrative Court.
The board of ProLitteris decided in 2007 to make additional wage payments to three former members of the management. This enabled them to purchase membership in a collective foundation of the occupational pension insurance and to receive higher pensions after retirement. The general meeting of ProLitteris approved the payments.
In 2014, the Swiss Federal Audit Office (Eidgenössische Finanzkontrolle; EFK) criticised in particular that ProLitteris also paid for employee shares of 30 percent. Refering to the recommendations of the EFK, the Swiss Federal Institute of Intellectual Property ordered ProLitteris to reclaim these shares. The appeal filled by ProLitteris has now been rejected by the Federal Administrative Court.
The exceeding benefits are, according to the Federal Administrative Court, not in the interest of the members of the copyright collective. ProLitteris is obliged to ensure an economically efficient administration. Furthermore ProLitteris had not provided transparent information about the payments.
This judgment may be appealed to the Federal Supreme Court.