Questione giuridica chiave
Whether the state liability claim was time-barred under Art. 20 VG
Decisione estratta
The one-year limitation period began when the complainant learned of the damaging EBK measures on 24 January 2008 at the latest; the claim filed on 31 March 2011 was therefore time-barred.
Motivazione estratta
The supervisory EBK proceedings and the administrative criminal proceedings before the EFD were separate and independent. Knowledge of the legal basis or the criminal outcome was not required; it was enough that the complainant knew the essential facts enabling him to assess his damage and file a claim.