Questão jurídica principal
Whether the reglementary liability cap of CHF 10,000 applies when the unemployment fund acted on instruction of the supervisory authority.
Decisão extraída
Yes. The cap applies absent intentional misconduct; the regulation contains no exception for losses caused while executing an instruction from the supervisory authority.
Fundamentação extraída
The regulation’s text limits liability per loss without distinguishing between autonomous action and action on instruction. Its purpose is to compensate the risk of liability generally, and nothing in the regulation or its accompanying materials justifies excluding instructed conduct. Art. 115 AVIV governs exemption from liability, not the scope of risk compensation.