Dismissal of the claim against the Federal Government due to allegedly unlawful conduct of the Head of the DDPS

Facts

- [A. AG] and [B.] filed a claim against the Federal Government due to the allegedly unlawful conduct of the Head of the DDPS, Federal Councillor Viola Amherd, in connection with the development of a sports application by the DDPS. - The plaintiffs claimed that the DDPS had unlawfully used their ideas and concept for their own sports application, thereby causing damage of over 15 million Swiss francs to the company and [B.] personally. - The Federal Supreme Court dismissed the claim, as it could not find any unlawful conduct on the part of Federal Councillor Viola Amherd.

Considerations

- The Federal Supreme Court states that Federal Councillor Viola Amherd could not have been involved in the events that took place before she took office in December 2018. Therefore, no unlawful conduct from that time can be attributed to her. - With regard to the time after she took office, the Federal Supreme Court sees no violation of essential official duties by Federal Councillor Viola Amherd. The provisions of the Government and Administration Organisation Act and the…