FPC, 04.12.2025, RR.2025.135, RR.2025.136
Facts
As part of criminal proceedings for embezzlement and money laundering, the judicial authorities of Vatican City have submitted a request for mutual legal assistance to Switzerland. This request sought the confiscation and restitution of assets held in two bank accounts in Zurich, the beneficial owner of which was an individual (C.) who had been convicted by the judicial authorities of Vatican City and is now deceased.
On August 12, 2025, the Office of the Attorney General of Switzerland (OAG), acting as the executing authority, ordered the transfer of the assets in question to the requesting authority. The heirs of C. (A. and B., hereinafter: the appellants) filed an appeal against this decision with the Appeals Chamber of the Federal Criminal Court (FPC).
During the appeal proceedings, on October 24, 2025, the OAG formally revoked its decision of August 12, 2025. Following this revocation, the appellants requested the reimbursement of their advance on costs of CHF 10,000 and the award of CHF 6,720 in legal fees, to be borne by the OAG.
Law
Appellate proceedings in matters of international mutual legal assistance are governed by the Federal Act on Administrative Procedure (APA).
According toArt. 58 APA, the lower authority (in this case, the OAG) may review and amend its decision as long as the appeal proceedings are pending and it has not yet filed its response to the appeal. If the new decision renders the appeal moot, the case is removed from the docket by the appellate authority.
Regarding costs and legal fees,Art. 63 para. 1 APA provides that the unsuccessful party shall bear the costs. An authority that revokes its challenged decision is considered the unsuccessful party. However, pursuant to Art. 63 para. 2 APA, court costs are generally not charged to federal authorities.
According to Art. 64 para. 1 APA, the appellate authority may award the successful party compensation for necessary expenses incurred (legal fees). The amount of compensation for attorney fees is determined based on the time required and an hourly rate, which, before the FPC, ranges between CHF 200 and CHF 300.
Application to the specific case
The Court notes that the OAG revoked its challenged decision within the time limit granted for responding to the appeal. This revocation was therefore timely.
Consequently, the appeal filed by A. and B. has become moot. The case must be removed from the docket.
Regarding costs, the OAG is considered the unsuccessful party. In accordance with the law, no court costs are charged to it. The advance on costs of CHF 10,000 paid by the appellants must be refunded to them by the Court's treasury.
Regarding legal costs, the appellants are entitled to them. They claimed 21 hours and 20 minutes of work at a rate of CHF 300 per hour. The Court deems the time spent justified, but finds no reason to deviate from the standard hourly rate of CHF 230 applied in similar cases. It therefore awards the appellants compensation calculated on this basis, amounting to CHF 4,906.70, plus administrative fees of CHF 245.30, for a total of CHF 5,152 to be borne by the Office of the Attorney General.
Outcome
The Federal Criminal Court finds that the appeal has become moot and strikes the case from the docket. It orders the refund of the appellants' advance on costs of CHF 10,000 and orders the Office of the Attorney General of Switzerland to pay them CHF 5,152 in legal costs.
Silex newsletter published in collaboration with Elisabetta Tizzoni
