Facts
On July 15, 2016, B. took the Category B driving examination in a passenger vehicle of A. GmbH. During the examination drive, the candidate collided in Lenzburg with a traffic sign, causing damage to the vehicle of A. GmbH as well as to the traffic sign. A. GmbH subsequently filed a lawsuit against the Canton of Aargau, requesting the Canton to be obliged to compensate the resulting damage. The Administrative Court dismissed the claim, as it was not proven that the examination expert had unlawfully omitted an action that would have averted the damage that occurred.
A. GmbH filed a public law appeal against this judgment. The Federal Supreme Court dismissed the appeal.
Considerations
The Federal Supreme Court stated that in principle, the public law appeal against the final cantonal decision regarding state liability is admissible. Since the amount in dispute is less than CHF 30,000, the appeal is only admissible if a legal question of fundamental importance is raised. The Federal Supreme Court affirmed this, as the question of liability for damages during examination drives is of fundamental importance.
On the merits, the Federal Supreme Court…