Facts
[X.] is a creditor of a claim from foreign exchange transactions with Kaupthing Bank Luxembourg S.A., Luxembourg. She had an arrest in the amount of CHF 4'493'000.-- imposed on the assets of Kaupthing Luxembourg held at UBS. The Swiss Financial Market Supervisory Authority (FINMASA) recognized the decisions of the "Tribunal d'arrondissement de et à Luxembourg" regarding the "sursis de paiement" in Switzerland and ordered a stay of the existing claims against Kaupthing Bank Luxembourg S.A.. The FINMASA assigned the assets of the bankruptcy estate of the Geneva branch located on accounts and deposits under the master number 230-60576 at UBS AG.
[X.] filed an appeal against the FINMASA's ruling, which was rejected by the Federal Administrative Court. The Federal Administrative Court justified this by stating that Art. 24 para. 2 sentence 1 of the BankA excluded judicial review of rulings in proceedings under the eleventh and twelfth sections for creditors and owners of the bank.
[X.] filed an appeal with the FSCA and requested that the judgment of the Federal Administrative Court be overturned and that her appeal of March 4, 2009, be considered. FINMASA requested that the appeal be dismissed.
Considerations
The FSCA examined [X.] 's appeal legitimacy and found that she had participated in the proceedings before the lower court and was particularly affected by the contested act. However, there was a lack of a legitimate interest in overturning or modifying the contested act, as the restructuring measures in Luxembourg had been successfully completed and FINMASA had fully revoked its ruling.
The FSCA declared the appeal…