Switzerland: Constitutional & Administrative Law

It is perhaps appropriate that our first article on Switzerland for the Mondaq Asset Recovery Newsfeed is devoted to commenting on a recent Federal Court ruling dealing with the post-Brexit application of the Lugano Convention to the enforcement in Switzerland of a UK judgment made in 2019.

One of the consequences of Brexit is that the bilateral Agreement on the Free Movements of Persons between Switzerland and the EU no longer applies to the UK as from 1st January 2021.

The United Kingdom (UK) left the European Union (EU) on January 31, 2020. After the transition phase, the Agreement on the Free Movement of Persons (AFMP) between Switzerland and the EU no longer applied to the United Kingdom (UK).

The Swiss government has specified annual quotas for EU/EFTA service providers and third-country specialists. There is a separate quota for UK nationals in 2021 following the Brexit transition.

Notion de marché public: importance de la distinction entre patrimoine administratif et patrimoine financier de l'Etat.

Begriff des öffentlichen Auftrags im Vergaberecht: Bedeutung der Unterscheidung zwischen Verwaltungs- und Finanzvermögen des Staates

Since the entry into force of the Swiss Competition Act in 1996, the question as to the capacity of third parties to appeal decisions regarding concentrations has remained controversial. In a decision dated June 14 2005, the Swiss Supreme Court eventually held that third parties (including competitors) have no right to appeal decisions regarding concentrations (irrespective of any interest they may have).

This section reviews developments concerning the Federal Act of October 6, 1995 on Cartels and Other Restraints of Competition (the "Competition Act"), which is enforced by the Federal Competition Commission ("FCC"). Appeals against decisions of the FCC are heard by the Appeal Commission for Competition Matters (the "Appeal Commission").

This article reviews developments concerning the Federal Act of October 6, 1995 on Cartels and Other Restraints of Competition (the "Competition Act"), which is enforced by the Federal Competition Commission ("FCC"). Appeals against decisions of the FCC are heard by the Appeal Commission for Competition Matters (the "Appeal Commission").