Facts
The Swiss Confederation brought an action against Schad + Frey AG before the Court of Appeal of the Canton of Berne. The Confederation requested the prohibition of the production, sale, and marketing of a 1:25,000 hiking map "Grindelwald" and the payment of CHF 20,588.35, plus default interest, for the unauthorized use of federal maps and plans.
The Court of Appeal declared itself incompetent on the grounds that this was a dispute of public law and not a civil dispute. The Confederation appealed this decision to the Federal Tribunal.
Considerations
The Federal Tribunal confirmed that the dispute falls under public law and not civil law. The regulation of national mapping and cadastral surveying is indeed a matter of public law, based on the public interest. The copyrights on federal maps and plans are transferred to the Confederation by law, and the use of…