Facts
The case concerns the registration of an aircraft in the Swiss aircraft register. The applicant, Edwin Ott, imported an aircraft from the United States to Switzerland in 1962 and was registered as owner and holder. In 1964, Ott sold the aircraft to Herbert Dinkheller, but they agreed that Ott would remain apparent owner to maintain the aircraft's registration in the Swiss register. The aircraft was then sold to Bölkow-Werke and then to Robert Mihaljevic, who asked Peter Funk to register himself as owner of the aircraft to maintain the registration in the Swiss register.
The authorities discovered that the transactions were fictitious and that the documents submitted for the aircraft's registration were false. The defendants were charged with procuring a false registration in the Swiss aircraft register and document forgery.
Considerations
The Federal Court examined the evidence and elements of proof presented in the case. It considered that registration in the aircraft register constitutes proof of ownership of the aircraft and that the defendants had attempted to deceive the authorities by submitting false documents.
The Court also examined the concept of « fiduciary » and considered that the defendants had not acted as fiduciaries, but…