Rejection of the investment advisory firm's request for interim measures against the bank

Facts

The investment advisory firm A. AG (the appellant) filed a request for interim measures with the District Court of Zurich against the bank B. AG (the respondent). It requested that the bank be prohibited from transmitting personal data of the appellant or its partners and employees to the U.S. Department of Justice (DOJ).

The District Court of Zurich did not enter into the request and considered the Commercial Court of the Canton of Zurich to be competent. The appellant then appealed to the High Court of the Canton of Zurich, which dismissed the appeal and affirmed the competence of the Commercial Court.

The appellant filed a complaint against the decision of the High Court with the Federal Supreme Court.

Considerations

The Federal Supreme Court dismissed the complaint. It concluded that this is a dispute over property rights, for which the Commercial Court of the Canton of Zurich is competent. The appellant's request primarily aims to avoid economic disadvantages and costs, not the protection of its personality. Therefore, this is a…