Facts
The plaintiff X. was attacked and seriously injured by a bull on May 13, 1985 at a livestock market in St. Ursanne, which was supervised by the Swiss Cooperative for Livestock and Meat Supply GSF. On March 16, 1988, X. sued the Cooperative for damages and compensation, as the bull had been taken over by the defendant during a culling operation and belonged to it.
The Court of Appeal of the Canton of Bern dismissed the claim on the grounds that it was not competent in the matter, as the disputed claims were of a public law nature and would be governed by the Federal Liability Act.
Considerations
The Federal Supreme Court concluded that the claim asserted was of a civil law nature arising from an unlawful act and was subject to federal civil law. Therefore, the Court of Appeal is competent to decide on the claim.
The Federal Supreme Court stated that the liability of the animal owner under Art. 56 CO is a special provision within the meaning of Art. 3 para. 2 of the Liability Act and therefore takes precedence over the general state liability, regardless of whether the status of the owner results from sovereign or private law powers.
Only if the owner uses the animal for the exercise of sovereign powers and the damage is related to…