Regulatory Litigation

We are frequently involved in regulatory litigation and represent our clients vis-à-vis the various Swiss federal agencies such as the Financial Markets Supervisory Authority (FINMA), the Federal Department of Finance (FDF), the State Secretariat for Economic Affairs (SECO), the State Secretariat for Migration (SEM) or the Federal Tax Administration (FTA). This spans from the representation of our clients in discussions and efforts to a mutually acceptable resolution of the matters (such as the issuance of licenses, rulings and negative clearances) to acting in appeals filed against regulatory decisions before the Swiss Federal Administrative Court and the Swiss Federal Tribunal.

Representative matters:

  • Acting for a Swiss financial institution against FINMA (including in appeals proceedings before the Swiss Federal Administrative Court) concerning the scope of legal aid granted to another governmental agency.

  • Acting for a Liechtenstein-based foundation against the Federal Tax Administration (FTA) alleging an unlawful data transfer in the context of an AIA (automatic information exchange) data delivery.

  • Acting for an Israel-based provident fund in proceedings initiated by the Federal Department of Finance (FDF) alleging non-compliance with stock exchange reporting requirements.

  • Acting for an ultra high net worth individual against the State Secretariat for Migration (SEM) (including in appeals proceedings before the Swiss Federal Administrative Court) objecting to an unlawful denial of a residential permit.

  • Acting for various ultra high net worth individuals against the State Secretariat for Economic Affairs (SECO) in relation to the de-freezing of assets under various sanctions regimes and the obtaining of licenses or negative clearance confirmations.

  • Acting for a Swedish defense contractor against the State Secretariat for Economic Affairs (SECO) alleging the unlawful withdrawal of export control licenses.

  • Acting for a Swiss based pharmaceutical company against the State Secretariat for Economic Affairs (SECO) concerning various export license applications for medical deliveries into Russia and Belarus.