Questão jurídica principal
Whether the Geneva authority had territorial jurisdiction to order the seizure of assets held by the Zurich branch
Decisão extraída
No. The seizure had to be ordered where the assets were located, namely at the Zurich branch; the alleged historical link with the Geneva head office did not create a sufficient territorial nexus.
Fundamentação extraída
Claims not embodied in securities are seized at the debtor’s domicile or seat in Switzerland; an exception for a branch requires proven and clearly predominant connections with that branch. Here, the assets were actually deposited with the Zurich branch after transfer, so the Geneva judge could not order seizure of property outside his jurisdiction.