Questão jurídica principal
Whether FINMA correctly refused access to the liquidation file outside pending proceedings because the matter was already finally decided (res judicata).
Decisão extraída
The renewed request was barred by res judicata because the earlier Federal Supreme Court judgment had already finally rejected the appellant's party status in the same matter.
Fundamentação extraída
The earlier judgment determined that an insurer as policyholder has no party status in the FINMA proceeding on approval of the winding-up plan; that question necessarily included the related access claim. No relevant change of circumstances was shown.