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150.10 LHGLRESHaftGLResp CH-NE

Art. 5 Law on the Liability of Public Bodies and their Agents (Liability Law) (LL), dated September 29, 2020 - Principle

1 State - People - Authorities - 15 Authorities - 150 General Provisions - CHAPTER 2 Liability of the Public Entity towards Third Parties - Section 1: Liability for Unlawful Acts
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Art. 5 Law on the Liability of Public Bodies and their Agents (Liability Law) (LL), dated September 29, 2020 - Principle · Principle

1. The public authority is liable for damage wrongfully caused to a third party by its agents in the exercise of their duties, regardless of any fault on the part of the agents.

2. It is not liable for damages resulting from decisions or judgments that have acquired the authority of res judicata.

3. Decisions and judgments that are modified upon appeal only incur the liability of the public authority if they are arbitrary.

← Art. 4 Public Authorities and Their Agents Liability Act (Liability Act) (LResp), of September 29, 2020 - Reservations Law on the Liability of Public Authorities and Their Agents (Liability Law) (LL), of September 29, 2020 - Purpose Art. 6 Law on the Liability of Public Bodies and Their Agents (Liability Law) (LResp), dated September 29, 2020 - Moral Tort →

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Court Decisions Applying This Provision (8)

CDP.2009.275 · ne (Art. 5 al. 1 [LResp](http://rsn.ne.ch/ajour_81/dati/f/s/15010.htm))
Student Injury During Self-Refereed Unihockey Match Against State
The general basis for state liability, extensively discussed, although not explicitly cited in order 1.
CDP.2009.194 · ne (art. 5 [LResp](http://rsn.ne.ch/ajour_99/dati/f/s/15010.htm))
Parents v. Public Hospital: Fetal Death and Medical Negligence Claim
The claim was rejected because the conditions for public entity liability for unlawful acts (Article 5 LResp) were not met.
TA.2003.172 · ne (Art. 5 al.1 LResp)
Claimant v. State Regarding Police Report and Dismissal Order on Mobbing Allegations
Cited as a general basis for the State's liability for illicit acts committed by its agents, which was then limited by other provisions.
TA.2003.172 · ne (Art. 5 al.2 LResp)
Claimant v. State Regarding Police Report and Dismissal Order on Mobbing Allegations
The court cited this provision because the damage resulted from a decision (the dismissal order) that had acquired the force of *res judicata*.
TA.2000.165 · ne (art.5 al.2 LResp)
Improper Exclusion from Public Contract and Procurement Liability
The court rejected the Defendant's reliance on this article to deny compensation, implying its potential relevance in the underlying liability debate.
TA.2000.165 · ne (art.5 al.3 LResp)
Improper Exclusion from Public Contract and Procurement Liability
The court refused to apply this article to exclude liability.
TA.2000.309 · ne (Art. 5 al.1 LResp)
Claim for Damages Following Unjustified Narcotic Investigation Rejected
The claim based on illicit action under this article was rejected.
TA.2000.309 · ne (Art. 5 al.2 LResp)
Claim for Damages Following Unjustified Narcotic Investigation Rejected
The defendant's argument for inadmissibility based on this article concerning decisions having acquired force of law was refuted.