News

Banking and financial markets law: In the pilot case of a PostFinance customer against PostFinance, the question is whether the customer must accept a negative balance on his account that arose due to a software error with the payment processor of a PostFinance partner (online casino). The case already made headlines more than two years ago and has now been decided by the Higher Court of the Canton of Bern.

Specifically, the present case concerns amounts that were transferred from the PostFinance account to a Jackpots.ch gaming account but were not debited directly. Customers thus believed that their PostFinance balance was still in the black; they played with money they did not actually have. After discovering the glitch with the online casino's payment processor, PostFinance debited the pending orders in one fell swoop, driving around 1,000 online gamblers in Switzerland into partly massive negative balances.

The Regional Court of Bern - Mittelland ruled on July 26, 2022 that all debits that violated the agreed overdraft limit had been made unlawfully, which is why PostFinance had no claim for reimbursement regarding the negative balances. The court of first instance accused PostFinance of a gross breach of duty.

PostFinance appealed against this decision to the High Court of the Canton of Berne. The High Court has now confirmed the decision of the Regional Court of Bern - Mittelland in a decision dated May 17, 2023 (with slightly different reasoning in procedural points), but in the result in full.

The case was conducted on behalf of BGPartner by Kathrin Straub (Of Counsel).

PostFinance can now still appeal the ruling to the Federal Supreme Court.

According to BILANZ Wirtschaftsmagazin and Le Temps, BGPartner is one of the top law firms in Switzerland in 2023 – for the 5th time in a row. BGPartner achieved a top ranking of 5 out of 5 stars in the area of "Private Equity and Venture Capital". Click here for the article. 

We are of course very proud of our outstanding BGPartner team and would like to thank our faithful clients and trusted partners as well as our colleagues, who have rated our services so positively.

Samsung Ventures made a strategic investment in Araris Biotech Ltd who was advised by BGPartner. 

Araris Biotech Ltd, a company pioneering antibody-drug conjugate (ADC) linker technology, intends to use the proceeds to support further development and advancement of Araris’ antibody-drug conjugate (ADC) candidates.

BGPartner assisted Araris Biotech Ltd in the negotiations and advised on all Swiss legal matters regarding this strategic investment. The team was led by Oliver Gnehm (Partner) and further consisted of Thomas Gysin (Senior Associate).

The official press release from Araris Biotech Ltd can be found here.

More information about our negotiation expertise can be found here.

GOLDBEK Holding GmbH, a fast growing and innovative German greeting card publishing company, acquires 100% of ABC Kunst- und Glückwunschkartenverlag (legal name: A. Boss & Co AG), a privately owned Swiss market leader in printing, publishing and trading of greeting cards and other graphic products. 

GOLDBEK Holding GmbH’s position within the printing and greeting cards sector in the DACHregion is further

strengthened and expanded through the acquisition of A. Boss & Co AG.

BGPartner assisted GOLDBEK Holding GmbH in the negotiations and advised them on all Swiss legal matters regarding this M&A transaction. The team of BGPartner was led by Oliver Gnehm (Partner) and further consisted of Thomas Gysin (Senior Associate).

More information about our negotiation expertise can be found here.

BGPartner is pleased to welcome David Dalla Vecchia (Attorney-at-law at the Zurich office) and Anja Spahni (Trainee at the Berne office) 

as of April 1, 2023. Further information on our entire team can be found here.