Facts
The Latvian national A. applied for inclusion in the Zurich Judicial Interpreters' Register for the Latvian language. His application was rejected by the Committee of the Specialist Group/Central Office for Interpreting Services of the Cantonal Court of Zurich. A. then filed a complaint with the Federal Supreme Court.
The Federal Supreme Court overturned the decision of the lower instance and remanded the case to the Specialist Group for re-evaluation. It concluded that as an EU foreign national, A. can derive claims from the Agreement on the Free Movement of Persons and must be granted national treatment in the examination of his application for inclusion in the interpreters' register.
Considerations
The Federal Supreme Court stated that the activity of interpreting, which consists of providing a neutral and high-quality translation for the courts without the interpreter's opinion influencing the decision-making of the authorities, does not constitute "direct and specific participation in the exercise of public authority" within the meaning of the Agreement on the Free Movement of Persons. The complainant can therefore derive claims from the Agreement on the Free Movement of Persons.
The lower instance was not allowed to base the examination of the application for inclusion on the criterion of nationality. The duration of the previous stay…