Kernrechtsfrage
Whether Art. 239 StGB applies to a privately organized public transport operator.
Extrahierter Entscheid
Yes. The provision protects the public interest in the usability of transport services and is not limited to publicly owned enterprises.
Extrahierte Begründung
A teleological interpretation prevails over a purely grammatical one. In light of privatization, the decisive factor is whether the undertaking serves the public and is of public interest, not whether it is operated by the state.