In the switchplus case, the Federal Supreme Court upheld SWITCH's appeal on 14 August 2012. The Foundation has noted the verdict with satisfaction.
On 22 March 2012, SWITCH lodged an appeal with the Federal Supreme Court against the verdict of the Federal Administrative Court of 13 February 2012. This verdict banned SWITCH from providing a link to its subsidiary switchplus ag on the www.switch.ch website. SWITCH's appeal was upheld in its entirety by the Federal Supreme Court on 14 August 2012.
SWITCH acted correctly
"With its decision, the Federal Supreme Court is supporting SWITCH's economic freedom", explains Andreas Dudler, Managing Director of SWITCH. The decision specifies inter alia that it must be possible for SWITCH to provide information on the group website www.switch.ch not only about its core business for the universities but also on the services of its subsidiary switchplus. With its verdict, the Federal Supreme Court also confirms that SWITCH has not given its subsidiary switchplus an unlawful advantage.
Background
In response to the sustained calls from domain name customers for hosting services, SWITCH set up its commercial subsidiary switchplus ag in 2009. This provides services associated with an internet presence – from the registration of the domain name, via web mail and CMS hosting, right through to hosted exchange. SWITCH uses its subsidiary's profits to support Switzerland's universities.
End of the legal dispute
After switchplus ag had been set up, a group of hosting providers prevented the market entry of the subsidiary. The decision taken by the Federal Supreme Court should now have put an end to this longstanding discussion. "We welcome this pioneering decision by the Federal Supreme Court. It confirms that SWITCH has always acted correctly", says Marco D'Alessandro, media spokesman for SWITCH.
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