Facts
The case concerns a dispute between the Federal Office for Social Insurance and spouses G. and P. E., as well as the Cantonal Insurance Court of Aargau. The question at issue is whether the employer's liability can be reduced in case of serious breach of the obligations incumbent upon them.
The facts of the case are as follows: spouses G. and P. E. brought an action against their employer to obtain compensation for the damage suffered due to the employer's breach of obligations. The Cantonal Insurance Court of Aargau dismissed the claim, considering that the employer's liability could not be reduced due to the breach of obligations.
Spouses G. and P. E. appealed to the Federal Insurance Court, which annulled the decision of the Cantonal Insurance Court of Aargau and remanded the case for a new decision.
Considerations
The Federal Insurance Court considered that the employer's liability can be reduced in case of serious breach of the obligations incumbent upon them. This decision is based on the analogical application of articles 4 GLA and 44 para. 1 CO, which provide for the reduction of liability in case of serious breach of obligations.
The Federal Insurance Court also considered that the Old-Age and Survivors' Insurance Act (OASIA) does not contain a specific provision concerning the reduction of the employer's liability. However, the Court estimated that the general principles of liability law, as provided for in article 44 OR, are applicable in this case.
The Federal…