Restoration of the Suspensive Effect of an Administrative Complaint by the President of the Appeals Commission

Facts

Swisscom Fixnet AG (Swisscom) filed an administrative complaint with the Appeals Commission of the Federal Department of the Environment, Transport, Energy and Communications (Appeals Commission UVEK) against a ruling by the Federal Office of Communications. The ruling ordered Swisscom to immediately cease using confidential interconnection information in connection with telecommunications services and marketing activities. Swisscom requested the restoration of the suspensive effect of the administrative complaint, which was rejected by the instructing judge of the Appeals Commission UVEK.

Swisscom then filed an administrative court complaint with the Federal Court, requesting that the interim decision of the instructing judge be set aside and the suspensive effect of the administrative complaint be restored.

Considerations

The Federal Court set aside the interim decision of the instructing judge and found that the instructing judge of the Appeals Commission UVEK was not authorized to issue the contested interim ruling. The President of the Appeals Commission is responsible for deciding on the restoration of the suspensive effect pursuant to Art. 55 para. 3 APA and Art. 20 para. 5 VRSK.

The law is to be interpreted according to its wording, and the wording of Art. 55 para. 3 APA is clear. The legislature has granted the President of the appeals authority the competence to decide on the restoration of the suspensive effect in order to take into account the needs of an orderly procedure.

The conditions for deviating from…