Claim against the Swiss Federal Railways due to an accident caused by a service motor vehicle

Facts

On May 3, 1967, a collision occurred near Sursee between the passenger car of Ch. Daldrop and a service motor vehicle of the Swiss Federal Railways (SBB). Daldrop filed a claim with the District Court of Sursee against the SBB for compensation of the damage to his motor vehicle in the amount of CHF 1,282.65 plus interest.

The SBB disputed the local jurisdiction of the court and argued that they must be sued at their headquarters in Bern in accordance with Art. 5 of the Federal Act on the Swiss Federal Railways (BBG).

The District Court of Sursee and the High Court of the Canton of Lucerne as the appellate instance dismissed the SBB's plea of lack of jurisdiction.

The SBB challenged the decision of the High Court with a nullity appeal in accordance with Art. 68 para. 1 lit. b of the Federal Act on the Organization of Federal Judicial Authorities (OG) to the Federal Supreme Court. They requested that the decision of the High Court be set aside and that it be determined that they do not have to respond to the claim filed with the District Court of Sursee.

Considerations

The Federal Supreme Court states that according to Art. 84 of the Road Traffic Act (SVG), civil claims arising from motor vehicle accidents must be brought before the judge of the accident site. In the present case, this is the District Court of Sursee.

The SBB rely on Art. 5 BBG, according to which they must generally be sued at their…