Facts

On 18 May 2004, the complainant [X.] purchased an apartment in a building of the condominium association [S.] . At the end of 2005, she installed a satellite dish on her balcony to enable her family members from Kazakhstan, who speak Russian, to receive television channels from Kazakhstan and Russia. The manager of the condominium association requested [X.] to remove the antenna, as the regulations of the association prohibit the visible installation of satellite dishes without the consent of the manager. After several unsuccessful attempts to find a mutually agreeable solution, the condominium owners' meeting authorised the manager to initiate legal proceedings against the installation of the antenna by [X.] . The Regional Court and the High Court of the Canton of Bern ultimately ordered [X.] to remove the satellite dish.

Considerations

The Federal Court dismisses the appeal of [X.] . It considers the regulatory prohibition of the visible installation of satellite dishes to be lawful and proportionate. The prohibition serves to protect the external appearance of the building and allows for exceptions with the consent of the…