Facts
A banking relationship existed between Bank [B. AG] (Bank, Defendant, Respondent, Respondent to the Appeal) and [A.] Ltd. (Client, Plaintiff, Applicant, Appellant). The parties were involved in a legal dispute over the bank's duty to provide information and account to its client, which the client initiated by filing a lawsuit with the Civil Court of Basel-Stadt.
By judgment dated November 4, 2011, the Court of Appeal ordered the bank, among other things, to provide the client with a complete and detailed statement of all asset positions (its own and third parties') that served as collateral for its business relationship with the client for the months of November 2006 to January 2007.
On March 18, 2016, the client applied to the Civil Court for enforcement of this judgment. By decision dated March 31, 2020, the Court of Appeal ordered the bank to provide the client within 90 days of service of the decision with a complete and detailed statement of all asset positions (its own and third parties'), which served as collateral for its business relationship with the client (including collateral from pledges of third parties in favor of the client) for the months of November 2006 to January 2007.
Considerations
The Federal Supreme Court notes that the enforcement proceedings are solely concerned with the enforcement of the final judgment. The court that rendered the judgment has conclusively decided on the scope of the obligations, and the client cannot revisit this in the enforcement…