Facts
The Swiss Confederation brought an action against X. and others for acts of unfair competition committed abroad, by sending from Switzerland misleading advertising to persons residing in France for the sale of a grid allegedly allowing them to win the French lottery. The Cantonal Court of Justice of Geneva declared the claim inadmissible against one of the defendants and dismissed it against the others, considering that the alleged acts did not fall within the scope of competition. The Confederation appealed to the SCC.Considerations
The SCC ruled that the Confederation was entitled to act on the basis of Art. 10 para. 2 let. c UCA, as the customers affected by the advertising resided abroad. However, it considered that the alleged acts were not acts of unfair competition within the meaning of Arts. 1 and 2 UCA. Indeed, in the absence of any market and competition, these acts were not such as to advantage…