Ordinance concerning the Settlement of Claims Related to State Civil Liability

This ordinance aims to define the competencies regarding the settlement of claims that may involve the State's civil liability, excluding claims caused by the Office of Vehicles and claims whose damage is purely monetary (financial damage).

1. Subject to paragraph 4, the Legal Service is competent to settle all claims whose value does not exceed the amount of 5,000 francs.

2. Subject to paragraph 4, the head of the Department of Justice settles, upon the proposal of the Legal Service, claims whose amount is between 5,000 francs and 50,000 francs.

3. Subject to paragraph 4, the Legal Service, in collaboration with the liability insurer, handles claims whose amount exceeds 50,000 francs.

4. The consent of the Government is necessary in the following claims, regardless of the amount involved

a) those involving a matter of principle concerning the liability of the State;

b) when the head of the Department of Justice intends to diverge from the proposal of the Legal Service;

c) when the Legal Service or the head of the Department of Justice disagrees with the liability insurer.

1 The relevant units and schools are required to immediately report to the Legal Service any cases in which third parties assert claims for damages based on the State's civil liability. They must provide the Legal Service, without delay, all necessary information and documents for handling the incident.

2 They shall make any payments incumbent upon them, as directed by the Legal Service.

This order shall come into force on September 15, 2006.