Facts
Following a control procedure, the State Secretariat for Economic Affairs (SECO) charged the founder of the Neuchâtel Cantonal Unemployment Insurance Fund (the fund) an amount of 1,253 francs as compensation for the damage resulting from the fact that the fund had not correctly calculated the allowance in the event of a reduction in working hours for the personnel of company X. SA for the month of July 2005.
The fund, represented by the Department of the Economy of the Republic and Canton of Neuchâtel, appealed against this decision to the Federal Administrative Court, which upheld the appeal and annulled SECO's decision. SECO then filed a public law appeal against this judgment.
Considerations
According to the Court, the liability established by Article 82 of the Federal Law on Compulsory Unemployment Insurance and Insolvency Benefit (LACI) constitutes a case of state liability within the meaning of Article 85 paragraph 1 letter a of the Federal Court Act (LTF). This liability has an internal character, in the sense that it is the Confederation that is harmed by the detrimental behavior of an executive…