Facts
In this case, it was about an administrative court appeal by the company [X.] against a decree of the Swiss Federal Prosecutor's Office (BA) within the framework of a mutual legal assistance request from Brazil. Based on the Brazilian mutual legal assistance request of 23 March 2006, the BA had issued an entry and interim decree on 11 April 2006, ordering, among other things, the freezing of a bank account and the release of account statements.
The company [X.] then filed an administrative court appeal with the FJA and requested that the contested decree be annulled and the affected account be released immediately. The BA and the Federal Office of Justice (BJ) requested that the appeal not be admitted.
Considerations
The FJA concluded that the appeal should not be admitted. According to the case law of the FJA, the appellant must credibly demonstrate with specific information to what extent the seizure of assets for mutual legal assistance purposes leads to an irreparable disadvantage. However, the company [X.] was unable to present any such specific disadvantages. Rather, it only made general allegations, such as the non-compliance with contractual obligations. According to the FJA, such general claims are not…