Questão jurídica principal
Whether the DTP vaccination was a 'behördlich empfohlene Impfung' under Art. 23 Abs. 3 EpG
Decisão extraída
The court left open whether the DTP vaccination alone fell under Art. 23 Abs. 3 EpG, because the claim failed on subsidiarity grounds in any event.
Fundamentação extraída
The wording and purpose suggest a broad scope, but the decisive point was that cantonal liability under Art. 23 Abs. 3 EpG is subsidiary and only arises for uncovered loss after recourse to primary debtors.