Kernrechtsfrage
Whether Swissperform had a sufficient legal interest in declaratory claims on tariff-based remuneration for use of sound carriers and on third-party rights.
Extrahierter Entscheid
Swissperform had no protected interest in those declaratory requests; it had to seek resolution through the statutory tariff-setting procedure.
Extrahierte Begründung
The requested declarations concerned the existence and scope of remuneration claims and the rights of third parties, but they would not bind the non-participating performers and producers. Since tariff issues belong to the statutory procedure, a separate declaratory action was unnecessary.