Dismissal of the appeal against the authorization to operate insurance branches

Facts

The Swiss Mobiliar Insurance Company AG, the Emmental Mobiliar Insurance Cooperative and the Swiss Insurance Association (SIO) filed an appeal against the authorization granted by the Swiss Financial Market Supervisory Authority (FINMA) to GVB Private Insurance AG to operate the insurance branches B8 (fire and elemental damage), B9 (other property damage), B13 (general liability) and B16 (various financial losses). The appellants claimed that FINMA had wrongly denied their right to appeal and violated federal law.

The Federal Administrative Court did not consider the appeal due to the lack of standing of the appellants. The appellants then filed an appeal with the Federal Court, requesting that the judgment of the Federal Administrative Court be set aside and the lower court be instructed to consider the appeal and rule on the matter.

Considerations

The Federal Court examined the standing of the appellants and came to the conclusion that it is not given. The appellants are competitors of GVB Private Insurance AG and claim that FINMA wrongly denied their right to appeal.

The Federal Court found that the appellants are not entitled to appeal because they do not have a specific close relationship with the respondent that arises from a relevant economic or other special statutory provision. FINMA granted the authorization because GVB Private Insurance AG met the statutory requirements, and not because it created an economic special order.

The Federal Court also rejected the complaint of unequal treatment, as the appellants did not demonstrate that FINMA applied the law…