Key Benefits:
Translation 1
The Swiss Confederation and the Federal Republic of Germany
Whereas the protection of the population of both Contracting States vis-à-vis the damage caused by the peaceful use of nuclear energy is a primary objective of cooperation between neighbouring States and that such protection does not Be designed without proper regulation of civil liability,
Whereas the two Contracting States have set themselves comparable rules concerning civil liability and that those regulations recognise the equal treatment of the victims of both Contracting States in the event of damage Limited to their respective territories,
Wishing to ensure also the greatest uniformity of reparations on both sides of their common border in the event of cross-border damage,
Agreed to the following:
(1) This Agreement regulates, in respect of civil liability, the consequences of an event attributable to the peaceful use of nuclear energy, occurring in the territory of one of the Contracting Parties, hereinafter referred to as the Source State, And that causes damage to the territory of the other Contracting Party, hereinafter referred to as a neighbouring State.
(2) It shall apply to events whose harmful effects are due to radioactive, toxic, explosive or otherwise dangerous properties of radioactive substances.
Except as otherwise provided in this Agreement, nationals of the neighbouring State as well as persons who have their seat, domicile or ordinary place of residence shall enjoy the same treatment as nationals of the source State, both on The material plan rather than the procedure.
(1) In the event of damage resulting from the peaceful use of nuclear energy, the courts of the source State shall have exclusive jurisdiction.
(2) If it is not possible to determine where the event occurred at the origin of the damage caused during a carriage, only the courts of the Contracting State which has the first authorization for carriage are competent.
Except as otherwise provided in this Agreement, the domestic law of the country for which the courts have jurisdiction under Article 3 shall apply to claims for damages.
If the law of the source state provides for civil liability for damage arising as a result of measures ordered or approved by the authorities in order to avert an imminent danger, the victims of the neighbouring state will not be able to claim such Damages to the extent that the legislation of their State would also allow them to do so.
If the amount of coverage available in the source State is not sufficient to satisfy all claims for damages, the Contracting Parties shall consult promptly to arrive at an appropriate solution.
The allowances and the interest and costs provided under this Agreement may be freely transferred between the territories of the two Contracting Parties.
The interpretation of this Agreement shall not prejudice the rights of any Contracting Party under the general rules of public international law in the event of nuclear damage.
This Agreement shall also apply to the Land of Berlin, provided that the Government of the Federal Republic of Germany does not make a declaration to the Swiss Federal Council within the period of three months from the date of entry into force.
Either Contracting Party may terminate this Agreement in writing at any time, subject to a period of twelve months. The agreement remains applicable to events that took place under his empire, but which would only deploy after the repeal.
(1) This Agreement shall be subject to ratification, the instruments of ratification shall be exchanged at Bonn as soon as possible.
(2) The agreement shall enter into force on the day following the exchange of instruments of ratification.
In witness whereof, The undersigned duly authorized to that effect have signed this Agreement.
Done at Bern, on 22 October 1986, in two originals in the German language.
| For the For the |
| Swiss Confederation: Federal Republic of Germany: |
| Mr. Krafft J. Petersen |
1 The original text is published, under the same number, in the German edition of this compendium.
2 RO 1988 1610
