Federal Supreme Court confirms definitive lifting of objection for assigned damages claim of CHF 733'690.52

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The Federal Supreme Court dismisses, insofar as it considers the matter, the appeal against the definitive lifting of objection for a claim of CHF 733'690.52. It finds that the damages claim assigned to the State may be asserted in addition to the compensatory claims ordered in the criminal judgment; court costs of CHF 10'000 are imposed on the appellant.

To the extent of the compensatory claims made available (CHF 750'000.-- in this case), the private claimant assigned its damages claim to the respondent. The respondent seeks definitive lifting of objection for this damages claim assigned to it. The appellant disregards the described meaning and purpose of the assignment under Art. 73 para. 2 SCC when asserting that the assignment is made solely so that the State is authorised to collect and use a compensatory claim for the benefit of an injured person, rather than so that it can assert an additional claim.

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Federal Supreme Court: 4A_92/2026, judgment of 15 July 2026. Reference: considerations 5.3.4 and operative part.

Federal Supreme Court confirms definitive lifting of objection for assigned damages claim of CHF 733'690.52

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