Facts
On 1 June 1957, Thomas Steiner filed a complaint with the public prosecutor's office of the district of Zurich against Karl Vögele, manager of the company Vögele G.m.b.H. in Uznach (Canton of St. Gallen), for unfair competition. Steiner accused Vögele of having sent a promotional brochure containing unlawful information within the meaning of Art. 13 let. a and b UCA from Zurich in March 1957.
The public prosecutor's office of Zurich dismissed the proceedings for lack of territorial jurisdiction, considering that Zurich was not the place of publication of the disputed brochure (Art. 347 SCC), but that the registered office of the company responsible for the publication should be considered as such. The district of See (Canton of St. Gallen), on the other hand, considered that Zurich was competent and refused to take over the case.
Considerations
The Court of Indictment of the Federal Tribunal considers that Zurich is the place of publication of the brochure, as it is there that the postal dispatch and distribution to the Zurich clientele took place. Although the brochure was drafted and ordered from the printer in Uznach, its publication within the meaning of Art. 347 para. 1 SCC took place in Zurich, where it was made available to the public. The fact that the brochure may have been a partial edition of a larger campaign does not change anything, as its appearance and presentation were specifically aimed at the Zurich clientele.
Therefore, the authorities of the Canton of Zurich have jurisdiction to prosecute the alleged facts, even if the complaint…