Rejection of the Applicant's Request for Interim Measures

Facts

[A. AG] (the Applicant) is active in the field of investment advisory and asset management. It filed a request for interim measures with the District Court of Zurich against Bank [B. AG] (the Respondent), to prevent the latter from transmitting personal data of the Applicant or its partners and employees to the U.S. Department of Justice (DoJ) or the Swiss Financial Market Supervisory Authority (FINMA). The District Court of Zurich did not enter into the request, as it considered the Commercial Court of the Canton of Zurich to be the competent court. The Applicant then appealed to the High Court of the Canton of Zurich, which dismissed the appeal and affirmed the jurisdiction of the Commercial Court. The Applicant then filed a complaint with the Federal Supreme Court against this judgment of the High Court.

Considerations

The Federal Supreme Court dismissed the complaint. It concluded that this is a dispute over property rights, as the Applicant's primary concern is to avoid being involved in proceedings that could incur costs and economic disadvantages. Therefore, the Commercial Court of the Canton of Zurich was the competent…