Facts
On January 29, 2003, customs authorities initiated an investigation against company X. AG, as it had illegally imported and commercially sold over 500 scarves made from the wool of the protected Tibetan antelope. The sole owner and the managing director of X. AG were subsequently fined by penalty orders issued by the Federal Customs Administration.
By confiscation order dated October 27, 2005, the Federal Customs Directorate ordered the confiscation of the seized scarves and obliged X. AG to pay a substitute claim. X. AG filed an objection against this order, whereupon the Cantonal Court of Graubünden reduced the substitute claim to 715,676.45 Swiss francs, as some of the acts were time-barred.
X. AG appealed against this judgment to the Federal Supreme Court.
Considerations
The Federal Supreme Court ruled that the old law is applicable for the calculation of the limitation period, as this is more favorable for the appellant. Under the old law, the right to confiscation generally expires after five years, but can be interrupted by investigative actions.
The house search and seizure on…