Facts

The facts can be summarized as follows

  • The joint-stock company Fabriques de tabac réunies took steps with the Federal Public Health Service to obtain authorization to launch on the market cigarettes containing vitamin PP. This authorization was refused on June 25, 1955.
  • Fabriques de tabac réunies and Dr. Steiner considered that Professor Fleisch had caused them harm by prohibiting the sale of these cigarettes. They therefore separately submitted a claim for damages against Professor Fleisch to the Federal Council on August 30, 1958.
  • On May 28, 1959, the Federal Department of Finance contested these two claims on behalf of the Confederation.
  • On June 24, 1959, Fabriques de tabac réunies and Dr. Steiner each filed an action for damages against the Swiss Confederation before the Federal Tribunal.

Considerations

The Federal Tribunal upheld the Confederation's conclusion that the claims were time-barred:

  • Actions for damages against the Confederation are public law claims within the jurisdiction of the Federal Tribunal under Art. 110 OJ and Art. 10 LRCF.
  • According to Art. 20 LRCF, actions for damages must be brought within one year before the federal administrative authority. This deadline is peremptory, which means that the right itself expires if…