Facts
The Federal Court decided that the Belgian request for legal assistance against EU Judge Melchior Wathelet on suspicion of involvement in the payment of bribes to the Belgian Christian Social Party was lawful. The Belgian authorities had initiated criminal proceedings against Wathelet and requested Switzerland's legal assistance to obtain information about the bank accounts of the deceased Belgian Air Force General Jacques Lefebvre.
The appellant, a Swiss company whose account statements were affected by the legal assistance measures, had argued that Wathelet, as an EU judge, enjoyed immunity and therefore no criminal proceedings could be brought against him in Belgium. Furthermore, the request for legal assistance was disproportionate and an inadmissible "fishing expedition". However, the Federal Court rejected these objections.
Considerations
The Federal Court stated that the appellant was not entitled to invoke the alleged immunity of a third party. Nor was the request for legal assistance inadmissible on the grounds that Wathelet might enjoy immunity - this was to be assessed by the court…