Facts
The dispute concerns the liability of persons responsible for supervising a pension institution, the Management Staff Foundation, which was declared insolvent. The OPA Guarantee Fund brought a liability action against several parties, including the Republic and Canton of Neuchâtel, X. in composition proceedings, X. SA, Y. SA, and the Neuchâtel Cantonal Bank, claiming payment of CHF 5,234,387.05 with interest.
The cantonal court condemned the Republic and Canton of Neuchâtel, Y. SA, X. in composition proceedings, and X. SA to pay the claimed amount to the OPA Guarantee Fund. The condemned parties appealed against this decision to the Federal Court.
Considerations
Examination of the admissibility of the appeal
The Federal Court examined the admissibility of the appeal in public law matters, in particular by verifying whether the disputed value reached the threshold of CHF 30,000 fixed in art. 85 para. 1 let. a FSCA. The disputed value being higher than this threshold, the appeal is admissible.
Examination of the liability of the parties
The Federal Court examined the liability of the condemned parties, in particular by verifying whether they had committed unlawful or faulty acts that contributed to the insolvency of the Management Staff Foundation. The Federal Court found that the agreement of 24 November 1997, which was concluded between the parties, did not constitute an unlawful act that could engage the liability of the parties.
Examination of causality
The Federal Court examined the question…