Proof of investment damage
Passive hypothesis still not sufficient
Sébastien Pittet — 16 August 2023
What are the requirements for proof of investment damage in an investment advisory relationship? In its ruling 4A_131/2022 of June 20, 2023, the Swiss Federal Supreme Court reiterates that the customer cannot simply claim, without supporting evidence, that the damage was too difficult to quantify, or that no investment would have been made if the bank had provided adequate advice (see also 4A_202/2019 commented in Laurent Hirsch, cdbf.ch/1110/). Between March 2012 and May 2013, a client had an investment advisory[...]