Questão jurídica principal
Whether the administrative criminal case had to be heard in Geneva rather than Bern.
Decisão extraída
The transfer to Bern was not arbitrary; the prosecution was directed against SRG with its seat in Bern, so Bern was a permissible forum and the requested declaration in favor of Geneva was denied.
Fundamentação extraída
Under Art. 22(1) VStrR the administration may choose between the forum under Art. 346 ff. StGB and the accused's domicile. The chamber reviews that choice only for arbitrariness. Since the penalty order was issued against SRG at its Bern seat, not against the Geneva branch, BAKOM's referral to Bern was not manifestly wrong.