Questione giuridica chiave
Whether the social insurers could claim recourse against the Confederation despite the employer privilege.
Decisione estratta
Recourse was excluded unless the pilot had caused the accident intentionally or through gross negligence; that threshold was not proven.
Motivazione estratta
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.