Facts
On 13 December 1966, the Grand Council of the Canton of Vaud adopted a law on the architectural profession. According to this law, the title of architect is recognized by the State Council for holders of university degrees or diplomas from higher technical schools (ETS) who have successfully passed the examinations established by the cantonal regulations.
The Swiss Technical Union, its Lausanne and Vevey sections, the Vaud Group of the Association of Former Students of the Geneva Technicum, as well as six ETS architectural technicians, appealed to the Federal Tribunal to request the annulment of certain provisions of this law and its implementing regulations.
Considerations
The Federal Tribunal partially upheld the appeal. It first considered that the appellants had standing to challenge Art. 1, para. 2 of the law, which subjects ETS architectural technicians to a cantonal examination, as well as Art. 2 which allows a notoriously qualified person to be assimilated to an architect.
On the merits, the Federal Tribunal ruled that Art. 1, para. 2 of the law, by imposing an examination on ETS architectural technicians, violated the freedom of commerce and industry enshrined in Art. 31 of the Federal Constitution. Indeed, the State Council did not…