Facts
The case concerns the statute of limitations for claims arising from corporate liability. The X. Parkhaus AG, in whose construction the plaintiff [Y.] was involved, went bankrupt in 1971. [Y.] was left empty-handed and did not receive his claim. In 1977, the bankruptcy estate assigned the possible liability claims against the founders, board members, and the auditing firm to Y.
In 1984, [Y.] filed a lawsuit against the municipality M. as well as against B., C., and F. AG to obtain an amount of over 680,000 Swiss francs. However, the lawsuit was dismissed by the district court and the cantonal court on the grounds of the statute of limitations.
Considerations
The Federal Supreme Court upheld the decisions of the lower courts. It stated that the limitation periods of Art. 760 CO apply to the statute of limitations for the liability of the public entity pursuant to Art. 762 para. 4 CO. Accordingly, claims arising from corporate liability become time-barred after five years, as soon as the injured party has knowledge of the damage and the identity of the liable party.
The Federal Supreme Court considered the conditions for such knowledge of the plaintiff to be fulfilled at the latest on December 12, 1972. At that time, the plaintiff had learned from several statements by the bankruptcy administrator that he would be completely left out with his claim. Thus, the five-year statute of limitations had already expired before the plaintiff filed a mediation…