Dismissal of the Appeal against the Exclusion of the Orienteering Group U.________ from the Swiss Orienteering Association

Facts

The Orienteering Group [U.] was excluded from the association at the Delegates' Assembly of the Swiss Orienteering Association on 6 March 2010 with 120 votes in favour, 25 against and 2 abstentions, upon the request of the Orienteering Group [V.] . The Orienteering Group [U.] initially challenged this exclusion internally within the association, but was rejected. Subsequently, it filed a lawsuit with the District Court, requesting the nullification of the exclusion. The District Court initially did not enter into the claim, but was instructed by the Higher Court to do so. As a result, the District Court annulled the exclusion. The Swiss Orienteering Association appealed against this judgment, whereupon the Higher Court dismissed the claim of the Orienteering Group [U.] and confirmed the exclusion. The Orienteering Group [U.] filed an appeal against this judgment of the Higher Court to the Federal Supreme Court.

Considerations

The Federal Supreme Court dismissed the appeal. It stated that while grounds for nullity are generally to be examined ex officio, in the present case there was an abusive assertion of formal defects. The appellant had not challenged the association's resolution due to formal defects, neither in the appeal procedure nor in the…