Facts
The Federal Supreme Court has ruled on the complaint of Dignitas against the Cantonal Government of Zurich regarding the prohibition of commercial funeral services outside public cemeteries. The Canton of Zurich has a monopoly on funeral services, which are considered a public task of the municipalities. This monopoly, based on Art. 55 of the Cantonal Health Act, is justified for social and police reasons. The individual's right to decide on the treatment of their mortal remains cannot derive a right to operate commercial funeral services outside public cemeteries from the economic freedom.Considerations
The Federal Supreme Court has decided that the funeral monopoly in the Canton of Zurich, which covers both burials and cremations, is based on a sufficient legal basis and is justified by social and police reasons. This monopoly excludes the funeral sector from the scope of economic freedom (Art. 27 Cst.). Although the relatives can treat the deceased's mortal remains in a dignified…