Treaty between Switzerland and Denmark – Swiss Federal Administrative Court rules on the definition of beneficial ownership

In a recently published decision of 23 July 2012 (A-1246/2011), the Swiss Federal Administrative Court decided a second case regarding the definition of beneficial ownership in the context of derivative transactions and confirmed its interpretation thereof established in the previous judgment (A-6537/2010).
(a) Facts. In 2007, A, a Danish subsidiary of group B, traded with 'SMI Futures' and bought the underlying shares to hedge the risk of these contracts. At the time the 'SMI Futures' m…