From the magazine SZW-RSDA 2/2020 | S. 168-173 The following page is 168

Les frais de procédure et d’investigation sous pression

There has been a sharp increase in appeals relating to FINMA’s investigation and litigation costs. This article takes up recent case law and examines in detail all the legal questions that have been submitted to the federal judges over the past twelve months. The current FINMA’s practice of charging procedural costs to individuals and legal entities irrespective of whether or not they are subject to its supervision does not seem to comply with the principle of equality. We are of the opinion that certain clarifications, in particular with regard to the criteria for initiating the supervisory procedure, should be made by FINMA.

I. Introduction

A teneur de l’art. 15 al. 1 de la loi sur la surveillance des…