Question juridique clé
Whether the social insurers could claim recourse against the Confederation despite the employer privilege.
Solution extraite
Recourse was excluded unless the pilot had caused the accident intentionally or through gross negligence; that threshold was not proven.
Motifs extraits
The Confederation was both employer of the pilot and of the insured border guards, so the employer/regress privilege applied. The pilot’s exact reason for descending so low remained unclear, and the evidence did not establish a gross breach of elementary aviation caution.