Questione giuridica chiave
Whether the bank violated an alleged instruction not to propose investments with U.S. links and therefore owes damages and release of the note purchase price.
Decisione estratta
The client’s statements only clearly excluded U.S. shares and USD-denominated papers; they did not, under the trust principle, bar the bank from proposing the CHF structured note at issue.
Motivazione estratta
The client’s anti-American remarks were too general to create a binding prohibition against all indirect U.S. exposure. The bank could understand the instruction as limited to direct U.S. investments, especially since the client had previously bought products with U.S. exposure and the contested note was a CHF-denominated debt instrument issued by a European entity and only guaranteed by a U.S. parent.