Facts
Laurent Pochelon was the victim of a serious traffic accident caused by Johan Eberhart, who was under the influence of alcohol. Pochelon filed an action against Eberhart and his insurance company Alpina SA to obtain compensation for his damages. The Swiss National Accident Insurance Fund (Caisse nationale suisse d'assurance en cas d'accidents), which had paid Pochelon certain medical expenses and unemployment benefits, intervened in the proceedings to assert its rights. The Court of First Instance of Geneva and the Court of Justice of the Canton of Geneva rejected the Caisse nationale's conclusions, considering that the injured party should be compensated as a priority on the civil liability insurance amount. The Caisse nationale then appealed to the Federal Tribunal.Considerations
The Federal Tribunal upholds the appeal of the Caisse nationale. It considers that, under Arts. 100 IPA and 56 AviA, the Caisse nationale is subrogated to the rights of its insured against the person responsible for the accident and his insurer, to the extent that its benefits concern identical elements of damage covered by civil liability. The Caisse nationale therefore does not have a right of recourse…