Dismissal of S.'s appeal for nullity against the judgment of the Geneva Court of Justice

Facts

[S.] was fined by the Federal Customs Administration (FCA) following an administrative procedure for failing to declare items when crossing the border. He requested to be tried by a court.

The Police Court of the Canton of Geneva imposed a fine of 500 francs. The FCA appealed 11 days after receiving the judgment. The Geneva Court of Justice then set the fine at 1,000 francs. The Cantonal Court of Cassation ultimately dismissed S.'s conclusions seeking to annul the judgment of the Court of Justice.

[S.] filed an appeal for nullity with the Federal Tribunal.

Considerations

The Federal Tribunal dismisses S.'s appeal for nullity. It considers that the cantonal authority correctly applied cantonal law regarding the appeal deadline granted to the FCA, and not federal law.

Indeed, Art. 80 para. 2 of the Federal Act on Administrative Criminal Law (DPA) applies only to the Attorney General of the Confederation and not to the administration, which is…