Facts
The case concerns the dismissal of the spouses A.S. and B.S. as members of the foundation board of the T. Foundation by a circular resolution of the foundation board. The T. Foundation is a foundation under Art. 80 et seq. of the Swiss Civil Code (ZGB) with the purpose of establishing and operating a children's village in Chile. A.S. and B.S. were members of the foundation board. The Federal Department of the Interior (EDI) as the supervisory authority for foundations took note of the circular resolution to dismiss A.S. and B.S. and determined the new composition of the foundation board.
A.S. and B.S. then filed an administrative court appeal with the Federal Supreme Court. They argued that their dismissal violated the will of the founder, which was laid down in the foundation deed, according to which at least one member of their family must be represented on the foundation board.
Considerations
The Federal Supreme Court dismissed the appeal. It stated that even if the foundation deed would represent a mandatory will of the founder that members of the family must be represented on the foundation board, this would not prevent a factually justified dismissal of the appellants.
Furthermore, the court clarified that Art. 68 of the Swiss Civil Code (ZGB) is…