Press releases 2019

06.12.2019

Revocation of an entry ban on issued by fedpol

The Swiss Federal Administrative Court quashes a decision by fedpol to ban a French national from entering Switzerland due to his supposed radicalisation. Fedpol was found to have violated the appellant’s right to access his file.

06.12.2019

BSI case: FINMA’s approach is incomprehensible

In 2016, the Swiss Financial Market Supervisory Authority detected serious violations of supervisory provisions on the part of Banca della Svizzera Italiana and ordered the confiscation of CHF 95 million...

06.12.2019

Determining the country responsible for ruling on a family’s asylum claims

The Dublin system offers the necessary flexibility to ensure that a family is not separated during an asylum procedure, even when its members lodge their claims in two different countries...

30.10.2019

French-language book marketers-distributors sanctioned

The Federal Administrative Court confirms the sanctions handed down by the Competition Commission to five marketers-distributors of books written in French that operate in Switzerland, due to impediments to parallel imports. It reduces the sanctions handed down regarding four of them. The sanctions amount to approximately CHF 14.3 million.

05.09.2019

SFAO deemed to have violated the right to a fair hearing

The Swiss Federal Audit Office failed to include two affected people in an administrative investigation into the sureties for the Swiss Maritime Fleet and to grant them the right to a fair hearing. The Swiss Federal Administrative Court (FAC) has instructed the Swiss Department for Economic Affairs to remove all sections from the final report that refer to the two complainants.

05.09.2019

Suva affiliation obligation for taxi agencies

A taxi agency from Zurich which, as well as booking and arranging taxis, also transports passengers itself, is obliged to insure all of its employees with Suva. This is the decision reached by the Swiss Federal Administrative Court.

05.09.2019

Jurisdiction for outpatient flat-rate contributions for services

Outpatient flat-rate contributions for services applicable throughout Switzerland are to be approved by the Federal Council. This was decided by the Swiss Federal Administrative Court and thus confirms a decision by Thurgau Cantonal Council, which did not address a corresponding application concerning ophthalmic surgery.

07.08.2019

Lauber case: delegation to third party not permitted

The Supervisory Authority of the Federal Government for the Office of the Attorney General is not permitted to delegate the disciplinary investigation of the Lauber case to a third party. Decisions by third parties are invalid. This is the decision reached by the Swiss Federal Administrative Court.

06.06.2019

University cantons defeated in court

The cantons of Basel-Stadt, Basel-Landschaft and Zurich are not entitled to a double payment of basic contributions for their universities. This is the decision reached by the Swiss Federal Administrative Court.

29.05.2019

Zurich’s S-Bahn line S3 now able to operate a half-hourly service

The Swiss Federal Administrative Court has decided to safeguard the number of train paths required for the S3 to operate a half-hourly serviceduring rush hour in the interests of passenger traffic, ruling that these prevailed over the interests of freight transport.

21.05.2019

Sanction on SIX Group confirmed

The Swiss Federal Administrative Court confirms the sanction of CHF 7.029 million imposed on the SIX Group by the Competition Commission.

10.05.2019

Refugee status was rightly revocated

The Federal Administrative Court confirms the revocation of refugee status and status of asylum of a citizen of the former Yugoslavia of Kosovan origin. The conditions for the earlier acceptance of his status as a refugee are no longer applicable. The person concerned can have recourse to protection by the Republic of Kosovo.

29.03.2019

Data processing for “Helsana+” ruled partially unlawful

Some of the data gathering undertaken for the app-based bonus programme “Helsana+” violates the provisions of the Swiss Data Protection Act. However, it is not unlawful to use legally acquired data on individuals with only basic insurance. This is the decision reached by the Swiss Federal Administrative Court.

19.03.2019

Geschäftsbericht 2018 ist erschienen

Am 18. März 2019 haben das Bundesgericht, das Bundesstrafgericht, das Bundesverwaltungsgericht und das Bundespatentgericht in Lausanne an einer gemeinsamen Medienkonferenz über ihre Geschäftsberichte des Jahres 2018 informiert.

13.03.2019

Cannabis flowers subject to tobacco tax

The Swiss Federal Administrative Court has ruled that cannabis flowers are used primarily in the same way as tobacco products. Therefore, this product is subject to tobacco tax.

15.02.2019

EPF Lausanne: supplementary course is legal

The supplementary course at EPF Lausanne for first-year students is not arbitrary and does not lead to unequal treatment. The Swiss Federal Administrative Court approves the appeals lodged by EPF Lausanne against the decisions of the Appeals Commission and three students.

14.02.2019

Army should have called in service weapon

In the case of a shootout in Schafhausen/Emmental (BE), the army should have confiscated the perpetrator’s weapon. In connection with a state liability claim, the Federal Administrative Court approves the appeals of two social insurance providers.

25.01.2019

ENSI’s assessment of earthquake safety at the Beznau nuclear power plant ruled correctly

The Swiss Federal Nuclear Safety Inspectorate assessed the earthquake safety of the Beznau nuclear power plant in accordance with the legal requirements. The Swiss Federal Administrative Court has thus rejected an appeal lodged by 15 individuals.

23.01.2019

DETEC has to re-examine the change in purpose of hard shoulders

Does the change in purpose of a hard shoulder to a highway mean there will be a considerable expansion of or operational change to the federal road in question? The Swiss Federal Administrative Court is referring this question back to the Federal Department of the Environment, Transport, Energy and Communications for reassessment.

23.01.2019

Hospital planning in Geneva canton contravenes federal law

The Federal Administrative Court is annulling the decision handed down in the Geneva Council of State hospital planning proceedings in respect of La Tour Hôpital Privé SA, which provided for restrictions on the maximum overall budget and the annual number of cases for each area of activity allocated to La Tour.

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Rocco R. Maglio
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Tel. + 41 58 465 29 86

 

 

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