Facts
The Deutsche Bank (Suisse) SA was requested by the FJA to provide various information within the framework of an official assistance request by the German Federal Supervisory Office for Securities Trading (BAWe). The bank initially resisted transmitting the corresponding information and its forwarding abroad, but later complied with the request. The FJA ruled that official assistance would be provided to the Federal Supervisory Office and that the name, address, and date of birth of X would be transmitted to it. The procedural costs of CHF 1,610 were allocated to Deutsche Bank (Suisse) SA.
The bank filed an appeal with the Administrative Court, requesting that the contested ruling be revoked and that it be established that it was not a party to the proceedings and that therefore no costs could be allocated to it.
Considerations
The FJA has ruled that the FJA can transmit non-public information and documents to foreign supervisory authorities if certain conditions are met. The FJA can enforce the required information by formal ruling if the bank refuses it.
The bank is a party to the information procedure, as it is obliged to disclose the information. The bank remains a party to the proceedings even after disclosing the information, as it has a legitimate interest in the transmission of the information. The allocation of costs to the bank is not objectionable under federal law, as the bank was a party to the proceedings.
The FJA dismissed the appeal, as the FJA had rightly…