Facts
The complainant X. was a lawyer and secretary of the foundation "Y.". An article by the defendant Z. was published in the "Schweizerischer Beobachter" criticizing X.'s activities as foundation secretary. X. then filed a criminal complaint for violation of the Federal Act against Unfair Competition (UWG).
The District Attorney's Office of Dielsdorf discontinued the criminal investigation, as it was of the opinion that the article did not constitute an act relevant to competition within the meaning of the UWG. X. then filed a complaint, which was rejected by the Public Prosecutor's Office of the Canton of Zurich.
X. now files a federal nullity appeal, requesting that the decision of the Public Prosecutor's Office be overturned and the matter be remanded for prosecution.
Considerations
The Federal Supreme Court holds that lawyers are in a competitive relationship with each other and with their clients, which can be influenced by disparaging statements. Therefore, statements in a newspaper article about the activities of a lawyer can generally fulfill the elements of defamation under Art. 3 lit. a UWG.
In the present case, the…