FCC, 17.12.2025, RR.2025.178, RP.2025.77, RP.2025.78
Facts
As part of an international mutual legal assistance procedure initiated by France, the company A. AG appealed to the Appeals Chamber of the Federal Criminal Court against a decision to initiate proceedings and an execution order issued by the Geneva Public Prosecutor's Office on September 23, 2025, as well as against a search warrant issued on October 29, 2025, by the Public Prosecutor's Office of the Canton of Zurich.
By letter dated December 8, 2025, the appellant declared that it was withdrawing its appeal and indicated that it agreed to bear the procedural costs.
Law
According to art. 63 para. 1 of the Federal Act on Administrative Procedure (APA), applicable by reference, procedural costs are generally charged to the unsuccessful party. Case law considers that a party who withdraws an appeal is treated as the unsuccessful party. The withdrawal of an appeal results in the case being struck from the docket without an examination of the merits.
Application to the specific case
As the appellant, A. AG, has formally withdrawn its appeal, the Appeals Chamber does not need to examine the merits of the contested decisions. The withdrawal terminates the proceedings. In accordance with the principles regarding procedural costs, the appellant is considered the unsuccessful party and must therefore bear the costs incurred up to the point of withdrawal. The Court sets these costs at CHF 800.
Outcome
The Court acknowledges the withdrawal of the appeal and strikes the main proceedings RR.2025.178 as well as the secondary proceedings RP.2025.77 and RP.2025.78 from the docket. A fee of CHF 800 is charged to the appellant, covered by the advance payment made, with the remaining balance of CHF 2,200 to be refunded.
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