Questão jurídica principal
Whether the railway company was liable under Art. 1 EHG for an accident caused by a bomb placed in the carriage by a third party.
Decisão extraída
No. The decisive legal cause of the accident was the third party's criminal act, which broke the causal link required for railway liability.
Fundamentação extraída
The Court held that the placement of the bomb was the immediate legal cause of the injury. Even if railway operations created the setting in which the passenger hesitated or could not dispose of the object at once, that circumstance was not a legally relevant cause. An extraordinary, unforeseeable third-party act excludes the causal connection with railway operation.