Facts
In the present appeal proceedings, the only remaining issue in dispute is the interest rate at which the claimant's future loss of earnings should be capitalized. The lower court applied the capitalization interest rate of 3.5% which the Federal Supreme Court has consistently applied in its practice since 1946. The claimant seeks a reduction of the interest rate.
The Federal Supreme Court has applied the capitalization interest rate of 3.5% for the calculation of capitalized damages for future loss of earnings in its long-standing case law. This practice has been confirmed multiple times, and a change has been rejected so far.
Considerations
The Federal Supreme Court adheres to the previous case law, as there are no sufficiently reliable indications that a real return of 3.5% on lump-sum payments would no longer be achievable in the foreseeable future. The statements of the experts consulted show that such a real return appears achievable with a reasonably diversified securities portfolio or shares in a conservatively oriented investment fund.
A change in the…