D-01-22

In a judgment intended for publication, the Federal Supreme Court has settled a previously unresolved issue by confirming that PostFinance may refuse to open a bank account on the grounds that the relationship would entail disproportionately high costs. This ground, provided for in Art. 45(1)(a) OPO, has a sufficient legal basis. In the present case, however, PostFinance was unable to demonstrate the existence of such costs (4A_454/2025 of 3 March 2026). In 2022, a Russian national resident in Switzerland applied[...]

In its final judgment ACJC/151/2026 of January 27, 2026, the Court of Justice of the Canton of Geneva upheld the dismissal of a claim for payment filed by a client who held the status of a qualified investor within the meaning of the aLPCC against a bank, following losses incurred on equity investments. It clarifies the scope of the bank’s duty of care in the presence of a qualified investor and excludes the application of exceptional circumstances, such as the[...]

When a creditor seeks to have assets located in Switzerland that belong to a foreign state placed under sequestration under the Swiss Debt Enforcement and Bankruptcy Act (DEBA), the creditor must, in particular, demonstrate that its claim has a sufficient connection to Swiss territory. In its decision 5A_617/2025 of January 29, 2026, the Federal Supreme Court confirmed that this requirement applies even when (i) the creditor is itself a foreign state, (ii) it relies on a final release order (Art.[...]

In the decision 5A_988/2025 of March 3, 2026, which is scheduled for publication, the Federal Supreme Court (FSC) ruled that the former officers of a company whose powers of representation have been revoked by FINMA retain standing to appeal the bankruptcy ruling on behalf of the company, even when the bankruptcy is declared by an ordinary court and not by FINMA itself. This extension of existing case law ensures effective access to justice (Art. 29a Cst.) in the context of[...]