Facts
The Russian public limited company Bashkirian Airlines filed a state liability claim against the Swiss air navigation service provider Skyguide due to a mid-air collision near Überlingen in 2002, in which all 71 people on board the two aircraft were killed. Bashkirian Airlines claimed that Skyguide, as an organization entrusted with public law duties, was liable for the damage.
The Federal Administrative Court dismissed the Bashkirian Airlines' claim for damages, as the company had lost its capacity to sue in Switzerland after the opening of bankruptcy proceedings over its assets in Russia. The Federal Supreme Court confirmed this decision.
Considerations
The Federal Supreme Court stated that after the opening of bankruptcy proceedings against Bashkirian Airlines in Russia, the power of disposal over the assets had passed to the bankruptcy administrator. Therefore, Bashkirian Airlines was no longer entitled to assert the disputed claims for damages.
According to the jurisprudence of the Federal Supreme Court, the assertion of such claims by the bankrupt company requires the prior recognition of the foreign bankruptcy decree in Switzerland in accordance with Art. 166 et seq. of the Federal Act on Private International…