Dismissal of the appeal by the Pension Fund against the non-culpable holder of the vehicle

Facts

- On May 1, 1978, Marc Gergen, while driving his father Félix Gergen's vehicle, caused an accident that seriously injured Francis Monnin. - Francis Monnin was insured with the Pension Fund of the Republic and Canton of Jura, which paid him a disability pension. - The Fund turned against Félix Gergen, in his capacity as the holder of the vehicle, to recover the benefits paid to Francis Monnin. - The Cantonal Tribunal of Jura dismissed the Fund's claim, finding that Félix Gergen did not have the capacity to defend the action.

Considerations

The Federal Tribunal dismisses the Pension Fund's appeal. It considers that Article 51(2) of the Swiss Code of Obligations applies, even when a public cantonal pension fund seeks to turn against the person causally responsible for the damage. According to case law, the injured party cannot derogate from the order of recourse provided for in this provision, and any assignment of their rights to a responsible party is ineffective.

The Federal Tribunal considers that the Pension Fund must be assimilated to a contractual responsible party, having received a consideration in exchange for its benefits. It cannot, therefore, exercise a recourse against Félix Gergen, who is only liable for the damage by virtue of his status as the non-culpable holder of the vehicle.…