Facts
The plaintiff Karl Vogt, a foreman at the Swiss Federal Railways (SBB), suffered an accident during military service in 1952, which resulted in the loss of an eye. The military insurance then awarded him a monthly pension of CHF 194.80. The SBB deducted CHF 116.90 per month from Vogt's civil servant salary during the period from April 15, 1952 to March 1, 1957. After a Federal Court judgment of February 8, 1957, the deduction was no longer made.
Vogt claimed reimbursement of the deducted amounts (a total of CHF 6,838.65 plus interest). The SBB acknowledged the claim in principle but rejected reimbursement for the period before April 16, 1953 as time-barred.
Considerations
The Federal Court decided that public law claims such as the present claim for civil servant salary are generally subject to a statute of limitations, even if civil service law does not contain a corresponding provision. Drawing on the Code of Obligations, the court set the limitation period at 5 years.
The limitation period began with the due date of the monthly salary payments. An interruption of…