Facts
The Office of the Investigating Magistrate of the Canton of Solothurn is conducting criminal proceedings against the responsible parties of the Solothurn Cantonal Bank (SKB) and the (former) Bank in Kriegstetten on suspicion of unfaithful business management or official conduct in connection with the takeover of the Bank in Kriegstetten by the SKB. In the context of these proceedings, the Office of the Investigating Magistrate requested the Swiss Federal Banking Commission to release from official secrecy those employees who can provide information and evidence for this case. The Swiss Federal Banking Commission rejected the request and instead offered to answer written questions in an official report.
The Office of the Investigating Magistrate then filed an administrative court appeal to the Federal Supreme Court, requesting that the decision of the Swiss Federal Banking Commission be overturned and that the Banking Commission be obliged to lift the official secrecy for the purpose of conducting the necessary witness interviews.
Considerations
The Federal Supreme Court does not enter into the administrative court appeal. It justifies this by stating that the Office of the Investigating Magistrate, as a cantonal criminal prosecution authority, is not legitimized to file an administrative court appeal against the refusal of the authorization for witness testimony by the Swiss Federal Banking Commission.
The Federal Supreme Court explains that according to the case law, only private individuals or public entities as such are generally entitled to file an administrative court appeal under Art. 103 lit. a OG if their interests are affected. A general interest in the correct…