Facts
The Swiss Broadcasting Corporation (SRG) and the Union of European Football Associations (UEFA) filed a complaint against the decision of the Federal Arbitration Commission for the Exploitation of Copyrights and Related Rights of 8 April 2008. The Arbitration Commission had approved the Joint Tariff 3c (reception of television broadcasts on large screens, "Public Viewing") and found that the SRG and UEFA, as potential rights holders within the framework of GT 3c, were represented by the collecting societies and therefore could not participate in the proceedings independently.
The Federal Administrative Court dismissed the complaint, as the SRG and UEFA could not assert any protected interests in the repeal of the approval decision. The SRG and UEFA filed a complaint with the Federal Court against this decision.
Considerations
The Federal Court granted the complaints of the SRG and UEFA and overturned the decision of the Federal Administrative Court. The lower court must examine whether and to what extent a statutory collective administration obligation exists with regard to "Public Viewing", which must be covered by a tariff.
The Federal Court found that the SRG and UEFA, as potential rights holders within the framework of GT 3c, have a protected interest in challenging the approval decision. The powers of the collecting societies presuppose the existence of a legally binding regulation in a tariff, against which those previously considered entitled can defend themselves not only civilly but also administratively.
The Federal Court also found that the question of whether the statutory requirements for comprehensive or partial…