Facts
Lawyer Christoph Häberli, who practices in the Canton of Zurich, filed an application with the FJA of the Canton of Bern for a license to practice his profession. The FJA rejected the application "for the time being", as Häberli did not fulfill additional requirements according to Bernese legal practice (certificate of good conduct, extract from the central criminal register, release of third parties from official or professional secrecy). Häberli then filed a constitutional complaint with the Federal Supreme Court.Considerations
The Federal Supreme Court examined whether the additional requirements imposed by the FJA Bern are compatible with the IMA. It concluded that the obligation to provide a certificate of good conduct and a declaration to disclose personal information constitutes an inadmissible restriction of free market access under the IMA. Since Häberli is considered trustworthy in the Canton…