The Federal Supreme Court has dismissed the lawsuit brought by around 10,000 people against the Confederation because of allegedly unlawful, freedom-restricting measures taken by the Federal Council in connection with the corona pandemic. The plaintiffs had demanded symbolic damages of one franc each. The written reasons for the decision 2E_3/2022, which was made in the main hearing on Thursday, August 29, 2024, will follow at a later date.
Around 10,000 people approached the Federal Council in 2022 with a claim for state liability. Among other things, they claimed that there was no legal basis for the Federal Council’s ordinances and orders issued in connection with the management of the Covid-19 epidemic. The Federal Council rejected the claim for state liability in April 2022.
Those affected subsequently filed a lawsuit with the Federal Court and demanded symbolic damages of one franc each. In support of this, they essentially argued that the measures taken by the Federal Council had been unlawful since early summer 2020 at the latest. There had never been an adequate legal basis for these. The Epidemic Act was not applicable due to a lack of evidence of a dangerous pathogen and without scientifically substantiated evidence of a particular threat to public health. In addition, they claimed that the measures ordered by the Federal Council had violated their fundamental rights and were disproportionate.
The main hearing took place in Lausanne on Thursday, August 29, 2024. After the parties had been given the floor to justify their applications (pleadings), the Federal Supreme Court withdrew to deliberate. It then orally announced the judgment and dismissed the action to the extent that it appealed against it. The written reasons for the judgment 2E_3/2022 of August 29, 2024 will follow at a later date.
