Facts
The Federal Tribunal was seized of an appeal against the decision of the Court of Appeal of the Canton of Berne which had annulled the exclusion of the company Titoni AG from the Swiss Watch Industry Association FH. The association had excluded Titoni pursuant to Art. 72 CC, on the grounds that this company had violated one of the central objectives of the association by slavishly imitating the product range of another member (Rolex Oyster).Considerations
The Federal Tribunal upheld the decision of the Court of Appeal. It considered that when an association presents itself as the dominant organization of a profession or economic sector, both towards the public and vis-à-vis the authorities and potential clients of its members, it cannot claim the same unlimited right of exclusion as that recognized for a simple leisure club under Art. 72(2) CC. The right of each member to the development of their economic personality (Art. 28 CC) requires limiting the association's right of exclusion, which can only be exercised for just cause.
In the present case, the Court of Appeal had considered, based on the factual findings it had made, that…