Facts
The complainant, a German lawyer, applied for registration in the public list of lawyers of the Canton of Zug. The Supervisory Commission for Lawyers of the Canton of Zug rejected the application, as the complainant did not meet the requirements for permanent activity in Switzerland. The High Court of the Canton of Zug confirmed this decision.
The complainant filed an administrative appeal with the Federal Court and requested the annulment of the High Court's decision and registration in the public list. The complainant argued that registration in the list was necessary to exercise his activity as a lawyer in Switzerland.
The Supervisory Commission, the High Court, and the Federal Department of Justice and Police requested the dismissal of the appeal.
Considerations
The Federal Court examined whether the complainant had a claim to registration in the public list. It found that registration in the list is only intended for lawyers who are permanently active in Switzerland and meet the requirements of Art. 27 para. 1 FMLA.
The Federal Court found that the complainant did not meet the requirements for permanent activity in Switzerland, as he was only active within the framework of the freedom to provide services and did not have a…