Supervisory Report of the Administrative Commission of the Federal Supreme Court concerning incidents at the Swiss Federal Criminal Court

The Administrative Commission of the Federal Supreme Court (VK BGer) has completed its supervisory proceedings concerning incidents at the Swiss Federal Criminal Court in Bellinzona.

In its 40-pages report published on April 20, 2020, the VK BGer comments on the problem areas and incidents that have been taken up in the media and extensively commented on, such as secondary employment of judges, overtime, working hours, expenses, sexism, love affairs and accusations of mobbing, and proposes the following 8 measures:

  1. The Administrative Commission of the Federal Criminal Court shall be invited to apply article 4 para. 2 BStGerOR in the event of a member being prevented from attending or suspended.
  2. The plenary session of the Federal Criminal Court shall be invited to approve adjustments to the number of staff during the term of office (article 46 para. 2 StBOG) only ex nunc et pro futuro.
  3. The chair of the Criminal Chamber and (subsidiarily) the Administrative Commission of the Federal Criminal Court shall be invited to review the functioning of the french-speaking members of the Criminal Chamber and to report to the Federal Supreme Court on this matter by the supervisory meeting of September 21, 2020.
  4. The Administrative Commission of the Federal Criminal Court is invited to end the reimbursement of expenses in connection with the participation of judges in political events (parliamentary party outings in summer and Christmas dinners) and in connection with courses to prepare for retirement
  5. Judges of the Federal Criminal Court shall be advised, if they enter into a love affair with an employee of the Court, to communicate this to the Administrative Commission at an early stage so that the latter can create transparency within the Court.
  6. The judges of the Federal Criminal Court are requested to treat their colleagues as well as their subordinates from the court clerks, registries and services in all situations with decency, politeness and respect.
  7. The plenary session of the Federal Criminal Court shall be invited to terminate the employment relationship with the General Secretary.
  8. The Federal Tribunal reserves the right to report to the Judiciary Commission on the re-elections 2021 with regard to Federal Criminal Judge Claudia Solcà.

 

The Swiss Federal Supreme Court confirms the dismissal of indemnification claims against 14 former executives of SAirGroup

On 26 April 2013, Swissair (in liquidation) filed a claim with the Commercial Court of the Canton of Zurich on the basis of Article 754 of the Swiss Code of Obligations against 14 former executives for compensation for damages totalling the equivalent of CHF 178,511,561.13, which it had suffered due to the loss of its cash pool claims against Finance BV.

The Commercial Court of the Canton of Zurich dismissed the claim in its judgment of 16 March 2018. It ordered the plaintiff to pay the court fee of CHF 3,000,000. In addition, the plaintiff was ordered to pay the defendants each a compensation of between CHF 700,000 and CHF 100,000.

On 8 May 2018, Swissair (in liquidation) lodged an appeal against this ruling with the Swiss Federal Supreme Court in civil matters which dismissed plaintiff’s main claim in its ruling of 18 November 2019.

Like the Commercial Court of the Canton of Zurich, the Swiss Federal Supreme Court ruled that the 14 former SAirGroup executives were not in breach of their duties in the management of Swissair’s assets and, furthermore, additional legal requirements for indemnification had not been met.


Urteil des Schweizerischen Bundesgerichts (I. zivilrechtliche Abteilung) vom November 18. November 2019 (4A_268/2018)

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