Facts
The case concerns a decision of the Swiss Federal Court in the case of Garoni against Firma Maroquin. Firma Maroquin, a company based in Vaduz, filed a criminal complaint against the Schweizerischer Beobachter for defamation, slander, malicious denunciation, and damage to reputation. The complaint was filed by Hennecke Kardel, the general attorney-in-fact of Firma Maroquin, on the basis of a general power of attorney granted by the company's board of directors.
The court of first instance declared the defendant, Peter Garoni, not guilty due to the lack of a valid criminal complaint. The decision was overturned by the court of appeal, which remanded the case for a new trial. The defendant then filed a motion to quash with the Swiss Federal Court.
Considerations
The Federal Court examined the question of whether a general power of attorney granted to a general attorney-in-fact authorizes the latter to file a criminal complaint in matters of offenses against honor. The Court considered that the right to file a criminal complaint is in principle personal and non-transferable, and that even a special power of attorney that explicitly mentions this authorization may not suffice.
The Court also examined the question of whether the general attorney-in-fact Kardel was authorized to file the criminal complaint under the general power of attorney that had been granted to him. The Court considered that the general power of attorney did not confer on Kardel the necessary powers to file a criminal complaint in matters of offenses against honor, as this required express authorization.
The Court also considered that the decision to file a criminal complaint in matters of offenses against honor was a serious decision that had to be taken by the company's board of directors, and not by the general attorney-in-fact. The Court…