Facts
The Swiss Broadcasting Corporation (SRG) and the collecting society Swissperform negotiated a new Tariff A Radio for the use of commercially available sound recordings by the SRG for radio broadcasting purposes. Legal issues concerning the protected repertoire and the reporting system were disputed. The Federal Arbitration Commission for the Exploitation of Copyrights and Neighbouring Rights (ESchK) approved the Tariff A Radio 2013-2016 submitted by Swissperform, with the condition of deleting Sections 8 and 10. Swissperform appealed against this decision.Considerations
The Federal Supreme Court decided that in the tariff approval procedure, disputed substantive legal issues concerning the scope of the protected rights must also be clarified. The ESchK and the courts exercise a dual and complementary control over the tariffs: the ESchK examines the appropriateness of the tariff, while the…