Facts

Fintransverwag is the owner of a building located in Interlaken, which suffered damage caused by water infiltration due to an artificial modification of the groundwater level. The municipality of Interlaken carried out renovation work on the main and secondary pipelines, which led to an increase in the groundwater level. Fintransverwag brought a lawsuit against the municipality to obtain compensation for the damage suffered.

The key facts are as follows

  • Fintransverwag is the owner of a building located in Interlaken.
  • The municipality of Interlaken carried out renovation work on the main and secondary pipelines.
  • This work led to an increase in the groundwater level.
  • Fintransverwag suffered damage caused by water infiltration due to this increase.
  • Fintransverwag brought a lawsuit against the municipality to obtain compensation for the damage suffered.

Considerations

The Federal Court examined the question of whether the artificial modification of the groundwater level that caused damage to Fintransverwag is unlawful. The Court considered that the special rule of Article 689 CC applies to the modification of the groundwater level, and not the general rule of Article 684 CC.

The Court also examined the question of whether the municipality of Interlaken violated the rules of Article 689 CC by modifying the groundwater level. The Court considered that the municipality carried out renovation work on the main and secondary pipelines, which led to an increase in the groundwater level, and that these works constitute a modification of the groundwater level within the meaning of Article 689 CC.

The Court also considered that the municipality of…