Questione giuridica chiave
Whether the surveillance material could be used in the IV proceedings
Decisione estratta
The observation was unlawful, but its results were still admissible after balancing interests because the interference was limited and occurred in public spaces.
Motivazione estratta
The court applied the Federal Supreme Court’s case law on observations: the lack of a clear statutory basis made the surveillance contrary to privacy rights, yet the limited, non-systematic monitoring of everyday activities did not amount to a severe personality violation, so public anti-fraud interests prevailed.