FPC, 04.12.2025, RR.2025.134
Facts
As part of criminal proceedings for embezzlement and money laundering, the Vatican has submitted a request for mutual legal assistance to Switzerland. Based on a final conviction, the requesting authority sought the confiscation and handover of assets held in a Zurich bank account by A. Company, for which B. (now deceased) was the beneficial owner.
On August 12, 2025, the Office of the Attorney General of Switzerland (OAG) ordered the transfer of these assets to the Vatican. A. Company appealed this decision to the Federal Criminal Court (FPC), requesting its annulment and the lifting of the seizure.
While the appeal proceedings were pending, the OAG revoked its own decision of August 12, 2025, on October 24, 2025. The appellant then informed the FPC that the appeal had become moot and requested a refund of its advance on costs, as well as legal fees amounting to CHF 19,497.92. The OAG accepted the principle of compensation but left the assessment to the court.
Law
Appeal proceedings in matters of international mutual legal assistance are governed by the Federal Act on Administrative Procedure (APA).
Art. 58 APA allows the lower authority (in this case, the OAG) to reconsider its decision as long as it has not yet filed its response to the appeal. If this new decision renders the appeal moot, the case is struck from the docket.
According toArt. 63 para. 1 APA, costs are charged to the unsuccessful party. The revocation of the contested decision is treated as an acknowledgment of the claim, making the authority that issued it the unsuccessful party. However, pursuant to Art. 63 para. 2 APA, court costs may not be charged to the OAG.
According toArt. 64 para. 1 APA, the appellate authority may award the successful party compensation for necessary and relatively high costs incurred. The amount of compensation is determined based on the time required and justified, with an hourly rate ranging from CHF 200 to CHF 300 (Art. 12 para. 1 RFPPF).
Application to the specific case
The OAG revoked its decision within the time limit allowed for responding to the appeal. In accordance with Art. 58 of the Federal Act on Administrative Procedure (APA), this revocation rendered A. Company's appeal moot, resulting in the case being struck from the docket.
The only remaining issue to be decided is the question of legal costs. By revoking its decision, the OAG is considered the losing party and must therefore pay compensation to the appellant.
The Court deems the appellant's claim (63.1 hours at CHF 300/hour) to be manifestly excessive. It considers that the case did not present any particular difficulties, as the main legal issue is clearly addressed by case law. The Federal Criminal Court therefore sets the hourly rate at CHF 230, in accordance with its standard practice. It also reduces the time deemed necessary to 20 hours (15 hours for drafting the appeal and 5 hours for reviewing the file and client communications). The compensation is thus set at CHF 4,600, plus 3% for expenses (CHF 138), for a total of CHF 4,738.
Outcome
The case is struck from the docket as it has become moot. No court costs are charged, and the advance payment of CHF 10,000 is refunded to the appellant. The Office of the Attorney General of Switzerland is ordered to pay the appellant legal costs of CHF 4,738.
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