Refusal to admit a descendant of a member of a public law corporation

Facts

Charlotte Egli-Oberholzer, born in 1941, applied for admission in 2006 to the Genossame Lachen, a public law corporation of which her grandparents and mother were members. Her application was rejected on the grounds that the articles of association of the Genossame Lachen do not allow the transmission of membership rights to descendants of members who died before 1998. Charlotte Egli-Oberholzer contested this decision up to the FC, arguing that this refusal of admission constitutes discrimination contrary to Art. 8 para. 2 Cst.

Considerations

The FC dismisses the appeal. It considers that the refusal to admit the applicant does not constitute prohibited discrimination under Art. 8 para. 2 Cst. Indeed, the Genossame Lachen, by virtue of its autonomy, can legitimately provide in its articles of association that membership does not pass on to descendants of deceased members. This rule, which aims to ensure legal…