241
UWGLCDLCSL
CH
Art. 2 Bundesgesetz vom 19. Dezember 1986 gegen den unlauteren Wettbewerb (UWG) - Grundsatz
UWG; 2. Kapitel: Zivil- und prozessrechtliche Bestimmungen
Art. 2 UWG · Grundsatz
Unlauter und widerrechtlich ist jedes täuschende oder in anderer Weise gegen den Grundsatz von Treu und Glauben verstossende Verhalten oder Geschäftsgebaren, welches das Verhältnis zwischen Mitbewerbern oder zwischen Anbietern und Abnehmern beeinflusst.
Gerichtsentscheide zu dieser Bestimmung (91)
60/2003/16 · sh (Art. 2 UWG)
Municipality's Flawed School Renovation Contract Award Due to Procedural Errors and Unfair Criteria
While discussed regarding under-bidding, this article was not explicitly cited in the dispositive orders, only in the reasoning.
ZK 2009 240 · be (Art. 2 UWG)
Sailing Company Unfair Competition Injunction Denial Over Customer Data Misuse
The claim based on the general clause against unfair competition in this article was examined and dismissed, as the conduct was not deemed contrary to good faith.
BGE 103 II 294 (Art. 2 Abs. 3 UWG)
Cartel Act association standing to sue on behalf of members for unlawful competitive restraint.
Applied by analogy as the procedural basis for the association's standing, requiring the association to protect members' interests and members to be individually entitled to sue.
UE240487 · zh (Art. 2 UWG)
Appellant v. Prosecutor (Defamation and Unfair Competition Proceedings Discontinuation)
Cited regarding the scope of application of the Unfair Competition Act (UWG), which was deemed not met due to the lack of a competitive relationship.
C/27281/2024 · ge (art. 2 LCD)
Professional Services Firm v. Former Director (Unfair Competition and Misrepresentation of Affiliation)
This general clause defines the condition that the behavior must be deceptive or contravene the rules of good faith to constitute unfair competition.
CACIV.2025.10 · ne (Art. 2 LCD)
Watch Designer Provisional Measures Denial Due to Disproportionate Injunction Request
The court discussed whether the defendant's conduct constituted an act of unfair competition under this article, which was the basis for the requested provisional measures.
Z2 2024 59 · zg (Art. 2 UWG)
Former Employees Misappropriation of Customer Data Preliminary Injunction Lifted
Cited in the reasoning concerning the presumptive merit of the applicant's claim against the first respondent regarding unfair competition.
HG220120 · zh (Art. 2 UWG)
Plaintiff's Claims Dismissed for Failure to Show Financial Loss and Lack of Jurisdiction
This general clause on unfair competition was considered, but the specific claims based on it were dismissed.
HG210208 · zh (Art. 2 UWG)
Media Outlet Defamation Case Dismissed
Cited as the general provision against unfair and unlawful business practices that influence market relationships.
430.23.200 · bl (Art. 2 UWG)
Plaintiff's Trademark Rights in Switzerland vs. Defendant's Registration and Actions
Cited as a ground for deeming certain trademark applications abusive and therefore void or contestable, supporting the claim for provisional measures.
HOR.2020.16.2 · ag (Art. 2 UWG)
Glubschi Toy Trademark Dispute
Used to reject the claim based on the general clause of unfair competition.
C/20101/2022 · ge (Art. 2 LCD)
Fitness Subscription Fee Reimbursement Dismissed Due to Lack of Formal Notice
Cited in the reasoning regarding the definition of unfair commercial practices.
B-677/2022 (Art. 2 UWG)
Music Rights Society's Data Use and Unfair Competition Ruling
Cited as the legal basis for the finding of unfair competition in point 1 and 2 of the dispositive.
2023.09.05.zr.1.rm.0 · bl (Art. 2 UWG)
Pharmacy Ownership Transfer and Likelihood of Confusion in Trademark Dispute
The court rejected the claim for provisional measures because the defendant's actions were not considered unfair.
C/26421/2020 · ge (Art. 2 LCD)
Trademark Infringement and Unfair Competition in Watch Modification and Co-Branding
The prohibition against using the plaintiff's marks in combination with other signs is grounded in the general clause against unfair competition, specifically parasitical use related to implied co-branding.