Claim of an heir against a bank for access to the account relationships of the testator

Facts

E.F., a descendant of the deceased A.F. residing in Pakistan, filed a lawsuit against Swiss Bank X. seeking access to all account and deposit records of the testator. The three other heirs, B.F., C.F. and D.F., joined the proceedings as intervening parties.

The Commercial Court of Zurich declared itself internationally and locally competent, as the plaintiff E.F. is domiciled in Pakistan, thus involving an international element. The Lugano Convention (LugC) is therefore applicable.

Considerations

The Federal Supreme Court states that the application of Art. 2 para. 1 LugC requires the defendant's domicile in a contracting state and a further international element, such as the plaintiff's foreign domicile. These requirements are met here, as the defendant is domiciled in Switzerland and the plaintiff resides in Pakistan.

Furthermore, the Federal Supreme Court finds that the request for access does not fall under the exclusion for inheritance disputes in Art. 1 para. 2 no. 1 LugC. Although an inheritance claim against the bank may exist, for which the LugC does not provide for…