170.32
VGLRCFLResp
CH
Art. 12 Bundesgesetz vom 14. März 1958 über die Verantwortlichkeit des Bundes sowie seiner Behördemitglieder und Beamten (VG)
VG; II. Abschnitt: Die Haftung für Schaden
Art. 12 VG
Die Rechtmässigkeit formell rechtskräftiger Verfügungen, Entscheide und Urteile kann nicht in einem Verantwortlichkeitsverfahren überprüft werden.
Gerichtsentscheide zu dieser Bestimmung (26)
JAAC 69.77 (Art. 12 VG)
State Liability for Frozen Accounts and Media Publication
Used to dismiss the claim for damages and compensation because the legality of the administrative acts had already been legally established.
A-989/2026 (art. 12 LRCF)
Pilot's State Liability Claim Rejected Due to Finalized Decisions
Used to deny the claim for state liability, as it prevents review of decisions that have become legally binding in liability proceedings.
A-5526/2023 (Art. 12 VG)
Creditors' State Liability Claim Dismissed by Federal Administrative Court
This provision states that the legality of formally final administrative acts cannot be reviewed in a liability proceeding.
A-2764/2024 (Art. 12 VG)
State Liability Claim Barred by Uniqueness of Legal Protection Principle
Used to prevent the review of the legality of formally legally binding decisions within the state liability proceedings.
200 2022 397 · be (Art. 12 VG)
State Liability Claim Barred by Res Judicata After Benefit Revocation Upheld
Cited as the rule prohibiting the review of the legality of formally final decisions within a liability proceeding, which formed the basis for dismissing the appeal.
A-4719/2020 (Art. 12 LRCF)
Plaintiff's Appeal Against Confederation Dismissed for Lack of Proof of Unlawful Acts
Cited by the lower authority and the court to prevent reviewing the legality of final decisions through a liability claim.
A-512/2020 (Art. 12 VG)
Professor's Reputation Damage Claim Denied
This provision states that the legality of final decisions cannot be reviewed in a liability proceeding, which the opposing party argued should lead to the dismissal of the appeal.
CDP.2020.113 · ne (Art. 12 LResp)
Applicants v. State: Failure to Detain Based on Warning
Cited in the reasoning regarding the possibility of recourse action against a gravely at-fault agent.
A-3974/2020 (Art. 12 VG)
Educational Institution's Duty of Care Claims Competency
The principle of the uniqueness of legal protection was discussed as a potential reason for inadmissibility, but ultimately not applied to dismiss the case.
VWKLA.2020.2 · so (Art. 12 VG)
Claimant vs. Canton Regarding Judicial Decision Review
This provision, equivalent to § 12 of the federal Liability Act, supports the principle of dismissing a claim if the damage stems solely from a final administrative decision.
A-7042/2015 (Art. 12 LRCF)
Confederation Liable for Unlawful Detention Due to SIS II Error
Prevents review of final decisions in a liability procedure, emphasizing that the illegality of a final decision cannot be re-examined.
A-112/2017 (Art. 12 VG)
Claimant's Suit Against Swiss Confederation for Supervisory Failure Dismissed
Prohibits the review of the legality of formally enforceable decisions, judgments, or orders in a liability proceeding.
A-4147/2016 (Art. 12 VG)
Employee's Duty of Care Claims Partially Timely, Work Organization Not Breached, Further Investigation Ordered
Prohibits the review of the legality of formally final administrative acts and judgments in liability proceedings.
A-7101/2014 (Art. 12 LRCF)
Pilot Denied Instructor Courses Denied Damages Claim
This provision, concerning the inability to review the legality of final decisions in a liability proceeding, was used to reject the claim related to the non-admission to the 2005 course, as the decision had become final.
VPB 150000344 (Art. 12 LRCF)
Confederation Not Liable for Agricultural Agreement Negotiations
Allows for damage claims based on the liability of the Confederation.