Facts
On August 23, 1982, a military aircraft crashed on the ground, causing the death of two children, Claude and Frédéric G. Their father, Angiolino G., suffered a severe nervous shock that seriously affected his physical health. Angiolino G., his wife Alberte, and their son Alban filed a claim against the Swiss Confederation to obtain compensation for the harm suffered.
The claimants sought, in particular, compensation for loss of support, compensation for Angiolino G.'s personal moral harm related to his disability, as well as a pension for his 50% disability resulting from the nervous shock.
The Confederation rejected these claims, considering them to be indirect or reflected damages not entitled to compensation.
Considerations
The Federal Tribunal partially upheld Angiolino G.'s claim. It considered that the harm suffered by him, due to the impairment of his physical integrity (nervous shock and disability), constituted direct damage entitling him to compensation under Art. 46 CO, applicable in this case by virtue of Art. 79 LNA.
The Tribunal rejected the claim for compensation for…