Questão jurídica principal
Whether importing and reselling imitation coins with nominal value in Swiss francs falls under Art. 11 LUMMP when there is no risk of confusion or abuse.
Decisão extraída
Art. 11 LUMMP covers only objects that, because of their Swiss-franc denomination and a risk of confusion or abuse, can compete with official cash as means of payment. Where neither risk exists, the provision does not apply.
Fundamentação extraída
Parliamentary materials showed that the abolition of the authorization regime did not criminalize all similar-looking objects; rather, Art. 11 protects the Confederation's cash monopoly against objects usable as payment substitutes. The defendant's copies were neither confusing nor abusive and therefore did not infringe the monetary monopoly.