Dismissal of a Lawsuit due to Lack of Subject Matter and Cost Regulation

Facts

The [X. AG] filed a complaint against the partial decision of the Federal Administrative Court, Division II, of January 23, 2008, which rejected its request for party status and access to files in the complaint proceedings of [Y. AG] in Liq. The [Y. AG] in Liq. had filed a request for release from insurance supervision, which was rejected by the Federal Office of Private Insurance. The [X. AG] sought party status and access to files in this proceeding. The Federal Administrative Court rejected the request, whereupon the [X. AG] filed a complaint with the Federal Court.

During the proceedings before the Federal Court, it became known that the Federal Administrative Court had already rejected the complaint of [Y. AG] in Liq. on January 29, 2008, without the [X. AG] having knowledge of it. The Federal Court therefore had to decide whether the lawsuit should be dismissed due to lack of subject matter.

Considerations

The Federal Court decided that the lawsuit should be dismissed due to lack of subject matter, as no single party to the proceedings objected to the dismissal. The question of whether the [X. AG] should have been granted party status and access to files in the complaint proceedings before the Federal Administrative Court was no longer relevant, since the Federal Administrative Court had already rejected the complaint of [Y. AG] in Liq.

The Federal Court also examined the question of whether the [X. AG] should have been granted party status and access to files in the context of the supervisory proceedings. However, this application was rejected as inadmissible, as it had not been made in the original complaint proceedings and did not form the subject of the contested decision.

In…