Facts
The Association against Animal Factories (VgT) intended to broadcast a television spot in January 1994 that was to draw attention to "animal-abusive livestock farming" and promote a reduction in meat consumption. Publisuisse SA, a subsidiary of the Swiss Broadcasting Corporation SRG, refused this, as the spot violated the public law prohibition on political advertising on television. The Federal Supreme Court confirmed this view in its judgment of August 20, 1997 (BGE 123 II 402).
The European Court of Human Rights found on June 28, 2001 that Switzerland had thereby violated Article 10 of the ECHR (freedom of expression). The Federal Supreme Court rejected a request for revision by the VgT in its judgment of April 29, 2002, as the applicant had no current interest in the revision.
On June 30, 2009, the Grand Chamber of the European Court of Human Rights confirmed that Switzerland had again violated Article 10 of the ECHR through the Federal Supreme Court's revision judgment.
Considerations
The Federal Supreme Court grants the VgT's request for revision and sets aside the judgments of April 29, 2002 and August 20, 1997. It decides in this proceeding in part anew:
The Federal Supreme Court finds that the non-broadcast of the advertising spot constituted a violation of Article 10 of the ECHR. It is therefore necessary to reopen the proceedings that led to BGE 123 II 402 and to assess the…