Facts
On September 19, 1976, the Bavarian Ministerialrat (senior civil servant) Haarpainter was fatally struck by a motorcycle in Zurich. At the time of the accident, Haarpainter was receiving a monthly pension from the Free State of Bavaria. His wife received a widow's pension after his death. The Free State of Bavaria sued the insurer of the accident perpetrator for payment of the present value of the widow's pension, as it had a right of recourse under the Bavarian Civil Servants Act.
The Commercial Court of Zurich dismissed the claim, as a survivor's loss of the widow was to be denied and a recourse claim of the pension fund under Swiss law would in any case be excluded if the deceased civil servant had already been retired and the fund was relieved of the consequences of the accident.
Considerations
The Federal Supreme Court upheld the decision of the Commercial Court. It stated that the accumulation statute of Swiss private international law was applicable, according to which a foreign subrogation norm is only to be considered if Swiss law also provides for it.
The Federal Supreme Court affirmed a survivor's loss of the widow, as she had lived from her husband's pension until his accidental death. However, an offset of the widow's pension against…