Ordinance of December 30, 1958, Concerning the Liability Law (Liability)

Claims for damages or compensation for moral injury, submitted against the Confederation under the Liability Law, shall be addressed to the Federal Department of Finance in writing, with reasons stated and in at least two copies.

If the claims do not fall within its jurisdiction, the Federal Department of Finance shall forward them to the authorities competent to admit or contest them.

Any authority is obliged to promptly forward claims not within its jurisdiction to the competent authority for consideration.

The Federal Department of Finance is competent, pursuant to Art. 10, para. 1, of the law, to rule on claims. It makes a decision after consulting the organ responsible for the area that gave rise to the dispute.

The Federal Office of Customs and Border Security rules on claims within its jurisdiction that are less than 10,000 francs.

Decisions according to Art. 10, para. 1, and Art. 19, para. 3, of the law are subject to appeal to the Federal Administrative Court.

The Federal Council must provide a written decision within three months from the date of submission regarding claims for damages and compensation for moral harm arising from the official activities of the persons referred to in Art. 1, para. 1, let. a to c, of the law (Art. 10, para. 2, of the law); the Federal Department of Finance prepares the statement.

If the Federal Council only partially acknowledges a claim, it must specify precisely to what extent.

The applicant whose claim is fully or partially rejected will be informed that the deadline to initiate proceedings before the Federal Tribunal is six months from receipt of the notice concerning the stance taken on the claim, failing which it will lapse (Art. 20, para. 3, of the law).

Upon receiving a claim for damages or indemnity as moral compensation directed against the Confederation, the competent authority, as defined in Art. 2 or 3, para. 1, must immediately inform the official against whom a right of recourse may be exercised.

The competent authority within the meaning of the Federal Personnel Act of March 24, 2000 (LPers) and its implementing provisions makes decisions regarding recourse actions against an employee (art. 7 of the law) and the liability of an employee for damages (art. 8 of the law). The General Secretariat of the Federal Department of Defense, Civil Protection, and Sports (Damage Center) decides in cases of damages related to federal vehicles.

The decision is subject to appeal before the Federal Administrative Court.

The authority to which one of the persons referred to in art. 1, para. 1, letters a to c, of the law belongs or belonged, initiates administrative legal action against this person regarding a contested claim for damages from the Confederation under art. 8 of the law or a contested recourse action from the Confederation under art. 7 of the law.

The employee who is to be pursued will be informed in writing with an indication of the reasons. The right to consult the file must be granted to them. Furthermore, a reasonable period will be allotted to them to present their written observations.

The Federal Department of Finance represents the Confederation in proceedings before the Federal Tribunal as provided by Art. 10, para. 2, of the law.

In specific cases, the Confederation may be represented by another authority, in agreement with the Federal Department of Finance.

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If the Federal Council decides to prosecute a political offense committed by an employee, in accordance with Art. 66 of the Law of March 19, 2010, on the organization of penal authorities, the authorization of the Federal Department of Justice and Police is considered granted.

Anyone who recklessly initiates a procedure according to Art. 7 may be required to reimburse all or part of the costs incurred by the Confederation. Article 13 of the Ordinance of September 10, 1969, on Costs and Allowances in Administrative Procedure applies analogously to the calculation of costs.

This Ordinance shall enter into force on 1 January 1959.

As of this date, all contrary provisions are repealed, in particular

a. Articles 21, 23, paragraph 3, and 36, paragraph 5, of the Ordinance of 26 September 1952 on the Employment Conditions of Officials of the General Administration of the Confederation (Government Officials Regulations I);

b. Articles 17, 18, paragraph 3, and 29, paragraph 4, of the Ordinance of 26 September 1952 on the Employment Conditions of Officials of the Swiss Federal Railways (Government Officials Regulations II);

c. Articles 28, 29, 32, paragraph 2, and 41 of the Ordinance of 26 September 1952 on the Employment Conditions of Employees of the General Administration of the Confederation (Government Employees Regulations);

d. Articles 29, 30, 33, paragraph 2, and 42 of the Ordinance of 28 December 1950 on the Employment Conditions of Workers of the General Administration of the Confederation (Government Workers Regulations).