Private client dispute – successful claim against PostFinance

Nater Dallafior successfully represented an individual against PostFinance. In 2018, PostFinance closed the client’s payment account alleging that US trade sanctions imposed upon our client would make it overly burdensome for PostFinance to operate the account. We lodged a claim with the Commercial Court of Berne because, by denying payment services, PostFinance violated its obligation to provide basic payment transaction services to every citizen, the raison d'être of PostFinance. The Commercial Court unlawfully dismissed the claim.

The Swiss Federal Supreme Court approved the appeal and set aside the judgement of the Commercial Court. The court held that, based on the applicable provisions, PostFinance acted unlawfully when it terminated the relationship because the alleged disproportionate extra effort involved in the management of the client's account did not constitute a valid exception to the statutory obligation to contract. Hence, the Swiss Federal Supreme Court obliged PostFinance to continue the business relationship and to maintain his payment account (see the decision of the Swiss Federal Supreme Court, 4A_84/2021, dated 2 February 2022).

The Nater Dallafior team consisted of Roberto Dallafior and Tobias Thaler.