Facts
The Federal Office for Agriculture (BLW) conducts review procedures based on Art. 29 paras. 1 and 4 of the Plant Protection Products Ordinance (PSMV) to decide on the continuation, amendment or revocation of authorizations for plant protection products. The WWF Switzerland Foundation requested to be involved as a party in these proceedings, as the active substances concerned are highly toxic to wild bees and other insects and endanger the native wildlife and biodiversity. The BLW rejected the request, whereupon the WWF filed a complaint. The Federal Administrative Court upheld the complaint and referred the matter back to the BLW to grant party status to the WWF. The Federal Department of Economic Affairs, Education and Research appealed against this decision to the Federal Supreme Court.Considerations
The Federal Supreme Court dismisses the appeal. It holds that the association complaint under Art. 12 of the Federal Act on the Protection of Nature and Cultural Heritage (NHG) grants nature conservation organizations the right to appeal against rulings that concern a federal task within the meaning of Art. 78 para. 2 of the Federal Constitution. This is the case here, as the review of authorizations for plant protection products by the BLW is based…