Questione giuridica chiave
Whether X. was grossly negligent within the meaning of Art. 138 and 139 MG and thus liable for recourse damages.
Decisione estratta
No gross negligence could be attributed to X.; the recourse assessment was therefore unlawful.
Motivazione estratta
The lower authority had correctly assessed the relevant facts and remained within its discretion. The Federal Court found no breach of federal law and no reason to revisit the factual evaluation.