Facts
The Public Prosecutor's Office in Berlin is conducting criminal proceedings against X. and other accused persons for breach of trust. In the context of mutual legal assistance proceedings, the District Attorney's Office in Zurich transmitted documents and information, particularly on bank accounts, to the Public Prosecutor's Office in Berlin. The Public Prosecutor's Office in Berlin applied to the Federal Office of Justice for permission to use these documents in two administrative disputes before the Higher Administrative Court in Berlin. The Federal Office granted the request. A., the B. Foundation, C., as well as Bank D., E., F., and Company G. filed administrative court appeals against this decision.Considerations
The Federal Court dismisses the appeals. It states that the European Convention on Mutual Assistance in Criminal Matters does not contain any restriction on the further use of the information obtained. However, the Swiss reservation to Art. 2 of the Convention grants Switzerland the right to make the provision of mutual legal assistance subject to a restriction on use (specialty reservation). According to Art. 67(1) of the Mutual Assistance Act, the requesting State may not use the information obtained for investigations or as evidence in proceedings for acts for which mutual assistance is not permissible.
The Federal Court has previously decided that the use of mutual legal assistance documents in civil proceedings generally requires the consent of the Federal Office, but not insofar as the civil proceedings concern the repatriation of assets obtained through unlawful means to the rightful owner. Likewise, the Federal Office may consent to the use of the documents in an investigative committee of the German Bundestag if the proceedings are…