Facts
On March 31, 2008, X. requested the Enforcement Office of Geneva to serve on the Swiss Compensation Fund in Geneva a payment order for the amount of CHF 167,334 with interest, for extraordinary disability pensions from April 1, 1998 to March 31, 2008 and for CHF 1,000 as additional damages. On April 18, 2008, the Fund returned the payment order and declared to file an objection as a precaution. On May 20, 2008, the office cancelled the enforcement, after finding that the Swiss Compensation Fund could not be pursued as such, since the Confederation was the actual debtor.
The creditor filed a civil appeal to the Federal Tribunal, naming the Swiss Confederation, Swiss Compensation Fund, in Geneva, as the opposing party, and primarily concluding for the annulment of the decisions of the Cantonal Supervisory Commission and the office, the payment order being considered as validly served.
Considerations
The Federal Tribunal dismissed the appeal. It considered that the compensation funds of the Confederation, namely the Federal Compensation Fund and the Swiss Compensation Fund, do not have legal personality. Consequently, enforcement for claims directed against a branch of the administration that does not have legal personality must be directed against the State, i.e. the Swiss Confederation.
Pursuant to Art. 22 para. 1 DEBA, measures contrary to provisions…