Press releases 2021


Recognition of statelessness status

The Federal Administrative Court clarifies its jurisprudence on an interest worthy of protection in obtaining a decision on an application for the recognition of statelessness. On the merits, the Court admits the appeal of a Syrian Kurd who had been refused statelessness status by the State Secretariat for Migration.


New Presidium at the Federal Administrative Court

On 1 January 2022, Vito Valenti and Kathrin Dietrich will take up office as President and Vice-President respectively of the Federal Administrative Court.


No reduction in speed limit between Zürich-Nord and Brüttisellen

Lowering the speed limit at night on Switzerland’s busiest motorway would be disproportionate. This among others is the conclusion reached by the Federal Administrative Court in two rulings.


Dublin procedure: families may once again be transferred to Italy

Following Italy’s reversal of the "Salvini Decree", Switzerland may once again transfer families with underage children to Italy under the provisions of the Dublin system. This was decided by the Federal Administrative Court in a reference ruling.


“Public Clouds” award: contracts may be concluded

In an interim decision, the Federal Administrative Court rejects Google’s request to grant suspensive effect to its appeal. The Federal Office for Buildings and Logistics may therefore conclude the Public Cloud contracts with the selected tenderers.


Swisscom must comply with fibre-optic standards

The Federal Administrative Court confirms the precautionary measures ordered by the Competition Commission against Swisscom, according to which the existing standards for the expansion of the fibre-optic network have to be observed.


Zurich Airport: Night traffic must be reviewed

The Federal Administrative Court largely upholds the appeal against the partial approval of the 2014 operating regulations of Zurich Airport. The noise exposure in the evening and nighttime hours was not properly mapped and must be determined anew.


Simplified naturalisation not (yet) accessible to registered partners

The Federal Administrative Court confirmed the decision of the State Secretariat for Migration not to consider an application for simplified naturalisation filed by a man living in a registered partnership. At the same time, the Court found that this decision violated the prohibition of discrimination under international law and waived the appellant’s legal costs.


Entry ban reduced to eight years for Bulat Chagaev

The Federal Administrative Court sets the expiry date of Bulat Chagaev’s ban on entering Switzerland, Liechtenstein and the Schengen Area for 26 August 2026.


Swisscom: Sanction largely upheld

In 2015, the Swiss Competition Commission sanctioned Swisscom with an amount of CHF 7.9 million for abusing its dominant market position in the context of a tender of the Swiss Post. The Federal Administrative Court essentially rejects the appeal against that ruling but reduces the amount to be paid to approximately CHF 7.4 million.


Complaint against compulsory masks on public transport rejected

The Federal Administrative Court upheld the decision of the Federal Office for Public Health to dismiss a complaint filed by 396 private individuals without entering into the substance of the case. The latter had asked the Federal Office to declare that they were not obliged to wear a face mask on public transport.


Islamist terrorism: Revocation of Swiss citizenship justified

The Federal Administrative Court confirms the revocation of Swiss citizenship from a Swiss-Turkish dual national who organised propaganda-based and proselytic activities on behalf of the “Jabhat Al-Nusra” terror group and helped two “foreign fighters” get to the Syria/Iraq war zone. The court finds that the appellant’s actions caused significant harm to Switzerland’s national interests and reputation.


Member of the ‘Ndrangheta barred from entry to Switzerland for 20 years

The Federal Administrative Court has upheld the decision of the Federal Office of Police imposing a twenty-year ban on entry to Switzerland and Liechtenstein on an influential member of the 'Ndrangheta. The Court ruled that the Italian national represents a serious threat to Switzerland’s internal and external security.


Hardship case: residence permit extended for a transgender Mauritian national

The Federal Administrative Court has approved the extension of the residence permit for a transgender Mauritian national for important personal reasons. Since her country of origin does not recognise transgender persons, the Court deemed that the appellant’s reintegration and medical follow-up would be in jeopardy if she were to return to Mauritius.


Risk of damage for Switzerland with regard to access to official documents

Swiss Export Risk Insurance has rightly denied a journalist access to official documents on the basis of an exemption in the Freedom of Information Act. The Federal Administrative Court made the decision.


Cough medicine containing psychoactive substances not to be sold in drugstores

The Federal Administrative Court has issued two pilot judgments supporting Swissmedic’s decision to classify certain cough medicines as prescription-only medications. Their active substances are classed as psychoactive and may only be dispensed by doctors and pharmacists in accordance with the revised legislation on therapeutic products.


Federal Criminal Court must pay judge’s legal fees

A Federal Criminal Court judge must be compensated for the legal fees that she incurred following the publication of a supervisory report by the Federal Supreme Court and statements made by its President. This decision was made by the Federal Administrative Court.


DAB+ licence for French-speaking Switzerland

The Federal Administrative Court has upheld the decision of the Federal Communications Commission and approved the award of an additional DAB+ licence for French-speaking Switzerland to DABCOM SA. The bid submitted by DABCOM SA obtained the highest score in terms of media diversity and economic efficiency.


Naxoo SA sanctioned for abusing its dominant position

The Federal Administrative Court (FAC) upholds, in principle, the sanction imposed by the Competition Commission on Naxoo SA for abusing its dominant position. However, it reduces the amount to be paid to around CHF 3.25 million.


Residence permits rightly refused

The Federal Administrative Court has upheld the refusal to approve the granting of residence permits to a former high-ranking Venezuelan official and his family. The court considers that the applicant represents a threat to public order and safety in Switzerland and may harm the country's reputation and international relations.



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