Facts
On 8 September 1983, the Swiss customs authorities seized textile goods belonging to company X. under a search warrant issued by the Federal Office of Public Economy (BAWI). On 12 November 1984, the BAWI informed company X. that the goods would be sold at a public auction or by private sale due to high storage costs, which exceeded 50,000 Swiss francs.
Company X. contested this decision before the Indictment Chamber of the Federal Court, which annulled the BAWI's decision on 14 December 1984. The BAWI then issued a new decision on 17 January 1985, ordering the sale of the seized goods.
Company X. again contested this decision, requesting that the sale of the goods be cancelled or that the sale price be set at a minimum of 230,000 Swiss francs. The BAWI indicated that the storage costs had increased to 65,000 Swiss francs and that the costs continued to increase by 3,650 Swiss francs per month.
Considerations
The Indictment Chamber of the Federal Court examined the question of whether the seized goods could be sold due to high maintenance costs. According to Article 47 paragraph 3 of the DEBA, objects that are seized and are exposed to rapid depreciation or require costly maintenance may be sold at a public auction or by private sale.
The Indictment Chamber considered that the storage costs of the seized goods were high and that the value of the goods was in the order of 250,000 Swiss francs. It also took into account the fact that the storage costs continued to increase and that the duration…