Facts
[S.] completed his military refresher course from May 25 to June 12, 1998 and suffered a serious accident with severe head and back injuries on May 28, 1998. The Military Insurance provided benefits in accordance with the Military Insurance Act. [S.] demanded additional compensation from the Federal Department of Defence, Civil Protection and Sports (VBS) under the Military Act, which was however rejected. [S.] then filed an administrative court appeal against the decision of the VBS.Considerations
The Federal Court dismisses the appeal. It holds that the provisions of the Military Insurance Act are to be considered as "other liability provisions" within the meaning of Art. 135 para. 3 of the Military Act. Although the Military Insurance has elements of both social insurance law and state liability law, the characteristics of tort liability predominate. The obligation to provide benefits of the Military Insurance is closely linked to the military service obligation and is intended to protect persons performing military or alternative service against damages during their service.
The Federal Court sees no reason to deviate from its previous case law, according to which the provisions of the Military…