Facts
Perles Elektrowerkzeuge und Motoren AG filed a claim for damages against the Swiss Confederation and the Swiss Association of Electricians (ASE) due to the failure of the Federal Inspectorate for Heavy Current Installations to fulfill its obligations to control electrical appliances placed on the market. Perles AG, a manufacturer of power tools, suffered economic damage because its competitors were able to market products that did not comply with safety requirements without being held accountable.Considerations
The Federal Tribunal ruled that the ASE, as an independent institution of the federal administration to which the Confederation has entrusted public law tasks, is primarily responsible for the damage caused by the violation of its control obligations. The Confederation is only subsidiarily liable for faults attributable to its Department of Transport, Communications and Energy. However, the Federal Tribunal rejected Perles AG's claim. Indeed, the legal and regulatory provisions regarding the control of electrical appliances were enacted for the purpose of protecting persons and property against the…