Decision of the Federal Supreme Court 2C_964/2020 25/08/2021
In the context of a public procurement concerning the supply of an information technology system for an important independent public law body, the Federal Supreme Court rejected the appeal of the awarded applicant against the decision of the Administrative Court in Ticino dated 19 October 2020 which had upheld the appeal presented by the lawyers of Collegal on behalf of the second place ranked. The Cantonal Court, at the request of the latter, attributed the public contract directly to it. The Supreme Court confirmed the Cantonal decision. The prevailing party, as appellant before the Cantonal Court and as respondent before the Supreme Court, was represented by Giovanni Molo and Alessandra Borella.
Decision of the Criminal Court of Lugano 13/10/2020
By ruling of the Criminal Court of Lugano dated October 13th, 2020, a fatal traffic accident has been qualified, for the first time in the Italian part of Switzerland, as intentional homicide. The accused was sentenced to 10 years. The Court made a decision in principle on the civil claim and referred it for civil proceedings. The private claimants were represented by Giovanni Molo.
Appeal upheld by the Federal Supreme Court 12/05/2020
The Federal Supreme Court upheld the appeal filed by Collegal against a legislative amendment in the cantonal health law requiring healthcare professionals with academic degrees to prove fluency in a second national language (German or French). The amendment is contrary to federal law as well as to the Bilateral Agreements between Switzerland and the EU.
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Abandonment of the proceedings ordered by the Cantonal Court of Criminal Appeal 04/05/2020
The Cantonal Court of Criminal Appeal ordered the abandonment of criminal proceedings against a manager defended by Collegal. The charges against the manager for infringement of the Federal Act Against Unfair Competition and the Federal Act on Copyright and related Rights in relation to the development of a software were therefore dropped.
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Appeal upheld by the Higher Cantonal Court of Zurich 15/04/2020
In the context of criminal proceedings for mismanagement, the Higher Cantonal Court of Zurich (Obergericht des Kantons Zürich III. Strafkammer) upheld the appeal filed by Collegal against a decision of the Zurich Prosecutor. It was recognised that a unit holder can act in the capacity of a private claimant in the context of patrimonial loss of a trust.
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