Facts

The Association of Swiss Film Designers (VSFG), a non-profit association under Art. 60 et seq. CC, has brought an action against the Swiss Film Distributors Association (SFV) to establish the illegality of the regulation of the Swiss film market. The VSFG alleges that this regulation, to which the SFV is a party, unlawfully restricts competition and harms the promotion of Swiss cinema. The Commercial Court of the Canton of Bern dismissed the claim on the grounds that the VSFG lacked standing to sue. The VSFG has appealed against this decision.

Considerations

The Federal Tribunal considers that the VSFG can act in its own name, but in the interest of its members, provided that the following conditions are met:

  • The VSFG must have the statutory purpose of defending the economic interests of its members.
  • The members of the VSFG must themselves have standing to sue.

In the present case, the Federal Tribunal considers that these conditions are met. The VSFG has the statutory purpose of defending the professional interests of its members and the…