The official Annual Report 2023 of the FPC has been published earlier today (12 March 2024). It comes along with an Executive Summary as follows:
In the reporting year, the total number of incoming cases increased to 31 (previous year 24). There was a significant increase in the number of ordinary proceedings (20, previous year 13), while the number of summary proceedings was unchanged (11, previous year 11).
Of the 21 ordinary proceedings handled by the Court, four were settled and 14 were adjudicated. Three cases were dismissed for irrelevance. Of the 11 summary proceedings handled in the reporting year, nine were adjudicated, one was settled and another one was dismissed for irrelevance. The number of cases pending at end of the year was practically stable at 28 (previous year 29). Income declined to CHF 679,987 (previous year CHF 960,624) mainly because the court fees for part of the settled proceedings cannot be recognized in accounting before the rulings become final and enforceable. As a result, although expenditure was slightly less than the prior year – CHF 1,522,108 as against CHF 1,548,036 – the deficit was significantly higher at CHF 842,121 (previous year CHF 587,412). The cost-coverage rate attained 45% (previous year 62%). |
Let’s first put the case numbers into perspective:
A closer look at the numbers over time
Incoming cases
The number of incoming cases in summary proceedings (S) remained stable, i.e. at the all-time high of 11. On the other hand, the number of incoming cases in main proceedings (O) increased sharply, by more than 50%. Twenty new cases have been filed, which is the fourth-highest number since the opening of the court in 2012:
On the long run, the numbers for 2023 are nothing out of the ordinary. Here’s the arithmetic average ± standard deviation of incoming cases over the whole time frame of 2012-2023:
# incoming cases, p.a. | ||
Main proceedings | 17.4 ± 4.2 | (2023: 20) |
Summary proceedings | 8.1 ± 2.4 | (2023: 11) |
Total | 26.2 ± 4.9 | (2023: 31) |
Concluded cases
More cases have been concluded in 2023 than in 2022, both in summary proceedings (2023: 11; 2022: 10) and main proceedings (2023: 21; 2022: 15):
Again, on the long run, that’s nothing out of the ordinary. Here’s the arithmetic average ± standard deviation of concluded cases over the whole time frame of 2012-2023:
# concluded cases, p.a. | ||
Main proceedings | 18.8 ± 4.2 | (2023: 21) |
Summary proceedings | 8.0 ± 2.6 | (2023: 11) |
Total | 26.9 ± 5.6 | (2023: 32) |
The ratio of incoming cases (31) to concluded cases (32) is about 97%. That’s what I’d call a stable workload. 28 cases were pending at the end of 2023.
Only four of the main proceedings were disposed of by compromise (∼ 19%), which is less than last year (33 %) and much less than in 2021 (41%). Only one case in summary proceedings was disposed of by compromise. Here’s the share of cases that were disposed of by compromise over time:
The initially (very) high numbers of settlements are clearly a thing of the past.
Beyond the numbers
German has again been the language of most of the proceedings (main proceedings: 75% German, 25% French). One of the summary proceedings has been filed in Italian; nothing has surfaced about this case by now.
The line-up of judges has changed slightly in 2023; see my notes on Linkedin for further information (all judges have been elected as proposed by the Judicial Commission):
The last case in which the President Mark SCHWEIZER had recused himself was settled in the reporting year (which I’m sure is O2020_006).
The FPC for the second time reports about changes of the panels of judges. In the reporting year, it happened only once that a ground for recusal was discovered only after the panel had already been formed (2022: twice). The FPC’s Rules of Procedure have been revised to specifically address the panel formation and subsequent changes in panel formation; see Art. 7 paras. 4 and PR-PatC (enacted 1 July 2023).
✍ MW
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ANNUAL REPORT 2023
The Annual Report is also available in German, French and Italian language.
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