Key legal question
Whether the Sicherheitsfonds's reimbursement claims against the Confederation are governed by the VG or by the BVG special regime.
Extracted holding
The BVG reimbursement rule is the lex specialis and excludes the general State Liability Act for these claims.
Extracted reasoning
Because the Sicherheitsfonds claims recourse for benefits secured under BVG, Art. 56a BVG and the earlier ordinance rule apply. The Confederation, like a canton, qualifies as a person liable under that regime when its supervisory conduct contributes to insolvency.