Experts estimate that substantially more than 100 billion Euros of untaxed investment funds - alone from Germany - are or were deposited in Switzerland and the banks and financial service providers located there have unlawfully withheld several billion Euros in retrocessions.
The lack of willingness by Swiss financial institutes to voluntarily repay commission fees to clients in Germany and other countries and the low number of clients reclaiming their funds has resulted in the German tax authorities missing out on considerable additional tax income over many years, as the investors have only been taxed on assets declared retrospectively and not the retrocessions that are still held in Switzerland.
The legal position in Switzerland is clear. The legal basis for the recovery of commission fees was clearly regulated by the basic legal principle of the Swiss Federal Supreme Court in 2012 (4A_127/2012. 4A_141/2012):
The financial risk of a lawsuit is borne by Liti-Link alone. Any share of a successful recovery is only then relevant when the claim is successfully asserted and depends materially on the amount of recovery obtained. After deduction of the fees and external expenses, a 40% share of the recovery is due to Liti-Link.