Correct. The decision dated 11 February 2009 is not actually an order to do anything, but rather the official's decision that YOU DON'T HAVE TO DO ANYTHING, until the appeal by Cyberlink has been decided.
This explains the absence of a legal remedy. You don't need a legal remedy against a decision which does not oblige you to do anything.
It will be very interesting to see whether Cyberlink's appeal will be successful. If there's anyone from Cyberlink on this list: I would be very interested in reading a copy of the appeal, which of course would be treated confidentially (Anwaltsgeheimnis).
Regards, Christa
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Von: swinog-bounces@lists.swinog.ch im Auftrag von Alexandre Suter Gesendet: Mi 18.02.2009 12:41 An: swinog@swinog.ch Betreff: Re: [swinog] Post from Canton de Vaud
Andreas Fink wrote:
I've uploaded the scan of the request to our webserver:
As one can read in your PDF on page 1 (in French) and page 3 (in German), the order is suspended until a decision is made regarding the appeal from Cyberlink.
My understanding (IANAL) is that this means there will be a statement from a judge whether or not this blocking order is legal and whether or not it has to be carried out by the Swiss ISPs.
Best regards,
Alexandre
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