Facts
On 25 November 1960, Sergeant-Major W. Grogg, during the demobilization of his unit, drove his personal vehicle from the place of demobilization to the arsenal, where the equipment was to be returned. Despite a high speed and reduced visibility, he was unable to stop in time and collided with a group of soldiers, injuring 10 of them. The Federal Military Insurance Fund paid a total of 125,071.05 francs for the damages suffered by the injured soldiers.Considerations
The Federal Tribunal considers that Sergeant-Major Grogg, as the owner of the vehicle, is personally liable for the damages caused. Although the driving of the personal vehicle had a service purpose, it was not ordered and Grogg acted on his own initiative, in violation of service regulations. The Federal Tribunal rejects the application by analogy of the exemption from liability provided for damages caused to civilians by military personnel in the performance of their duties (Art. 27 and 29 MilIA). This exemption does not apply when the military uses his personal vehicle in an unauthorized manner, even if it is for service reasons.…