Dismissal of the claim by X. GmbH against the Swiss Confederation (PTT) and the State of Peru

Facts

X. GmbH, a company domiciled in Germany, concluded a purchase contract with the State of Peru and the Peruvian postal administration for the delivery of postage stamp printing and mail sorting machines. Payment difficulties arose and the Peruvian postal administration requested the Swiss PTT to pay the balances in favor of Peru to X. GmbH as partial payment of the amount owed. The PTT made payments between 1987 and 1990. In 1990, the Peruvian postal administration requested the PTT to no longer pay the balances to X. GmbH but to itself. X. GmbH then filed a direct action with the Federal Tribunal to obtain payment by the PTT of the balances in favor of Peru until full payment of the purchase price.

Considerations

The Federal Tribunal considers that the action of X. GmbH against the PTT is of a civil nature, regardless of the fact that the legal relations between the parties fall under private or public law. However, X. GmbH fails to prove that the PTT unconditionally accepted Peru's payment order (Anweisung)…