Facts
The Swiss Federal Banking Commission (SFBC) found on 24 January 2007 that [A.] , [B. AG] , [C. AG] , and [D. AG] had violated the Banking Act. The SFBC then opened bankruptcy proceedings against [A.] and [B. AG] and ordered the supervisory dissolution of [C. AG] and [D. AG] . The SFBC declared its ruling immediately enforceable, but limited realization measures to securing and value-preserving measures until the decision became final.
[A.] , [B. AG] , [C. AG] , and [D. AG] appealed the SFBC's ruling to the Federal Administrative Court. The presiding judge of the Federal Administrative Court, Hans-Jacob Heitz, reinstated the suspensive effect of the appeal and ordered the SFBC to refrain from liquidation, bankruptcy, and realization measures.
The SFBC filed two appeals with the Federal Supreme Court: one against the presiding judge's ruling of 4 April 2007 and one against the interim ruling of the Federal Administrative Court of 21 May 2007, which dismissed the request for recusal of Hans-Jacob Heitz.
Considerations
The Federal Supreme Court examined the jurisdiction and admissibility of the appeals. It found that the appeal against the presiding judge's interim ruling is admissible insofar as it poses a risk of irreparable harm.
The Federal Supreme Court concluded that the SFBC is not authorized to reinstate the suspensive effect of the appeal against its ruling of 24 January 2007. The SFBC had declared its ruling immediately enforceable, but limited realization measures to securing and value-preserving measures until the decision became final.
The Federal Supreme Court found that the lower court had rightly dismissed the request for recusal of Hans-Jacob Heitz. It found that Hans-Jacob…