Questão jurídica principal
Whether the Swiss Post, in its competitive-service activities, may be subject to the municipal tourism promotion levy under federal law.
Decisão extraída
Yes. In the competitive-services sector, Post is generally treated like a private competitor and may be subject to the levy.
Fundamentação extraída
The wording of Art. 13 POG is not clear enough to limit taxation to profit taxes only. Historical and teleological interpretation show that the legislature intended equal competitive conditions and no unjustified tax privilege for Post in competitive services, except where an express rule or compelling reason provides otherwise.