Disclosure Of Bank Details: Who Has The Right To Object?

Until recently, the question, who is entitled to appeal against a cantonal judgment granting international judicial assis­tance in civil matters was unclear since Swiss cantons did not follow a uniform practice. This could lead to instances where account holders in some cantons could raise an objection about the disclosure of their bank information to overseas courts while those in others could not. This had led to significant legal uncertainty.

Matters of fact

In a noteworthy decision rendered on December 21, 2015, the Swiss Federal Tribunal (SFT) clarified its position regarding the issue of legal standing (case reference 4A_340/2015). The underlying case concerned a commer­cial dispute in Spain. The Spanish court requested the Swiss authorities to provide judicial assistance based on the Hague Convention of 18 March 1970. The object of the judicial assistance request were transaction details of an account held at a Geneva bank. Neither the account holder