Right to flight training allowance and additional allowances for a member of the national defense commission who was terminated

Facts

The case concerns a member of the national defense commission, Oberstdivisionär Etienne Primault, who was terminated by the Federal Council. The applicant brought a lawsuit against the Swiss Confederation, claiming a flight training allowance, additional allowances, and a moral damages allowance.

The facts are as follows: the applicant was appointed commander and head of armament of the aviation and air defense troops in 1953. He was part of the national defense commission, but was terminated by the Federal Council in 1964. The applicant claimed a flight training allowance for the last quarter of 1964, additional allowances for the years 1965, 1966, and 1967, and a moral damages allowance.

Considerations

The Federal Tribunal examined the applicant's claims and decided as follows

Firstly, the Federal Tribunal decided that the applicant was entitled to the flight training allowance for the month of October 1964, but not for the following two months. This is based on Article 23 of the Ordinance of December 30, 1958, concerning flight service in the aviation troops.

Secondly, the Federal Tribunal rejected the application for additional allowances for the years 1965, 1966, and 1967. The applicant was not entitled to these allowances because he was subject to the status of civil servants and not that of members of the national defense commission.

Th…