Facts
The Federal Tribunal examined the admissibility of the appeal filed by X. and Y. against Z. The lawyer Pierre Stastny, who represented the appellants, was employed by the ASLOCA (Swiss Tenants' Association), an organization dedicated to defending the interests of tenants. Although Stastny was registered in the cantonal register of lawyers, the Federal Tribunal considered that he did not meet the independence requirements necessary to represent the appellants before the Federal Tribunal.
Indeed, Stastny had already defended the interests of the tenants as an employee of ASLOCA in the cantonal proceedings. By taking on this mandate as a lawyer, he could hardly advise the appellants in a different direction than that desired by his employer. The Federal Tribunal therefore ruled that the appellants were not validly represented.
Considerations
According to the Federal Tribunal, the Lawyers' Free Movement Act (LLCA) requires that the lawyer be able to practice independently. An exception exists for a lawyer employed by a recognized non-profit organization, but on condition that his activity as a defender is strictly limited to the purpose of that organization.
In this case, the Federal Tribunal considered that ASLOCA, although a non-profit association, could not be qualified as a "recognized non-profit organization" within the meaning of the…