Invalid Export Certification Requirement for Unapproved Telephone Devices

Facts

The case concerns a complainant who was convicted for violations of the export certification requirement for unapproved telephone devices. The PTT Directorate General had fined him, as he allegedly did not properly maintain the device and buyer's log.

The complainant appeals the conviction and argues that the regulations on the export certification requirement in the Federal Council and DETEC ordinances lack a statutory basis in the Telegraph and Telephone Traffic Act (TVG).

Considerations

The Federal Supreme Court upholds the appeal. It finds that the restriction of private trade in technically unapproved telephone devices through the imposition of an export certification requirement is unlawful.

While the Confederation has the right under Art. 36(1) of the Federal Constitution to take repressive measures against disruptions to telecommunications, preventive measures such as subjecting the manufacture of devices to prior individual or type approval require a special statutory basis.

However, the Telegraph and Telephone Traffic Act does not contain any provisions regulating the trade in telephone…