Federal Supreme Court Decision on the Standing to Appeal of Professional, Economic and Consumer Associations in Matters of Unfair Competition

Facts

The "VgT Verein gegen Tierfabriken - zum Schutz der Nutztiere" (Association against Animal Factories - for the Protection of Livestock) filed a criminal complaint against E. for unfair competition, alleging that the latter had sold eggs under the designation "free-range eggs" even though his operation did not meet the requirements applicable to a free-range egg producer. The District Court of Münchwilen dismissed the proceedings, finding that the eggs in question met the conditions to be classified as "free-range eggs" within the meaning of Art. 173a of the Food Ordinance (ODAl). The association appealed against this dismissal decision.

Considerations

The Federal Supreme Court examines the issue of the association's standing to appeal. It notes that professional, economic and consumer associations may, under Art. 10(2) UCA, bring actions to prohibit, cease or establish the unlawful nature of a violation, but they cannot claim damages and compensation for moral harm. These civil claims within the meaning of Art. 270(1) CrimPC must be taken into account in determining the standing to appeal. Although the association is not considered a consumer…