Facts
On 10 February 1995, the U.S. Department of Justice sent a request for mutual legal assistance to the Federal Office of Police in the context of an insider trading investigation. The Federal Office executed this request and, on 10 October 1997, ordered the Bank to provide documentation related to accounts opened in the name of [A.], a U.S. national. On 12 November 1997, [A.] filed an objection against this decision. On 22 December 1997, the Federal Office declared the objection inadmissible due to tardiness. [A.] appealed against this decision.Considerations
The Federal Supreme Court dismissed A.'s appeal. The decision of the Federal Office of 10 October 1997 was validly notified to the Bank on 13 October 1997. According to case law, when the client has concluded a "hold mail" agreement with the Bank, the appeal period begins to run from the moment the client would have received the necessary information from the Bank if it had been communicated to him without delay. In this case, the objection period began on 30 October 1997, the date on which the Bank delivered the decision to the "hold mail" address. The objection filed on 12 November 1997 was therefore late.
The Federal Supreme Court considered that this solution, although strict, is…