Facts
The Emissions Centre of Swiss Municipalities (ESG) is a cooperative that provides the participating municipalities with access to the capital market at favourable conditions. The municipal commune of Leukerbad and the burgomaster commune of Leukerbad are public law corporations of the Canton of Valais. The ESG has claimed damages from the Canton of Valais, as it alleges that the canton has breached its supervisory duty towards the municipalities of Leukerbad and is thus responsible for the damage incurred by the ESG due to the non-fulfilment of the municipalities' obligations.
The ESG has filed the lawsuit with the Federal Court and requests that the Canton of Valais be ordered to pay it an amount of 26'637'217.25 Swiss francs plus interest. The Canton of Valais has dismissed the lawsuit, arguing that the ESG is not entitled to bring the action and that the damage was not caused by the canton's behaviour.
Considerations
The Federal Court has dismissed the lawsuit, as it is of the opinion that the Canton of Valais does not have a duty to guarantee the creditors of the municipalities. The canton's supervisory duties towards the municipalities primarily serve the public interest and the protection of the municipalities themselves, but not the protection of the creditors.
The court has found that the ESG, as a creditor of the municipalities of Leukerbad, is entitled to bring the action, as it can assert the claims against the municipalities in…