Competence of the Swiss Radio and Television Fee Collection Office to issue decisions on the collection of reception fees

Facts

The Swiss Confederation, represented by Billag AG, notified M. of an enforcement order for the collection of radio and television reception fees. M. filed an objection, which was rejected by Billag AG. The Confederation then requested the continuation of the enforcement, but the Enforcement and Bankruptcy Office of Blenio rejected this request, inviting the creditor to request the dismissal of the objection from the justice of the peace.

The Enforcement and Bankruptcy Chamber of the Court of Appeal of the Canton of Ticino, as the supervisory authority, subsequently rejected the creditor's appeal, denying Billag AG the competence to issue decisions on the obligation to pay radio and television reception fees.

The Confederation then appealed to the Federal Court, requesting the annulment of the judgment of the supervisory authority and the consequent annulment of the decision of the Office.

Considerations

The Federal Court upheld the appeal, considering that Art. 55 of the Federal Law on Radio and Television (LRTV) confers on the Federal Council a broad legislative delegation to regulate the details of the collection of reception fees, including the possibility of delegating this task to an independent organization.

Therefore, Art. 48 para. 2 let. c of the Ordinance on Radio…