Facts
A. is the owner of a property consisting of a forest and a grassy area. A management path runs across the grassy area, initially parallel to the forest edge and then descending through the forest to the river C.
On May 18, 2011, X., the managing director of E. GmbH, disregarded a judicial prohibition and entered A.'s property to proceed along the management path to the course site on the C. X. was subsequently convicted of violating a general prohibition and minor property damage.
Considerations
The Federal Court reviews the interpretation of Art. 699 para. 1 ZGB (Swiss Civil Code) freely, as it is a directly applicable provision of federal law. According to this provision, the public is permitted to enter forests and meadows to the customary extent, unless specific and delimited prohibitions are issued by the competent authorities in the interest of the cultivated areas.
The Federal Court concludes that the judicial prohibition, which prohibits the use of the management path, violates Art. 699 para. 1 ZGB. The management path runs continuously from the road into the forest and is of the same…