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Art. 38 Motor vehicle and bicycle accidents
1 The court at the domicile or registered office of the defendant or at the place of the accident has jurisdiction to decide actions resulting from motor vehicle and bicycle accidents. 2 Actions against the Swiss National Bureau of Insurance (Art. 74 of the Road Traffic Act of 19 December 195823; RTA) or against the Swiss National Guarantee Fund (Art. 76 RTA) may also be brought before the court at the place of any branch of such institutions. Art. 38a24 Nuclear damage 1 In the case of actions arising from nuclear incidents, the court in the canton where the incident took place has mandatory jurisdiction. 2 If there is any uncertainty as to which canton this is, the court in the canton where the nuclear installation of the liable proprietor is located has mandatory jurisdiction. 3 If two or more courts have jurisdiction in accordance with these rules, the court in the canton that is most closely linked to the incident and which is most seriously affected by it has mandatory jurisdiction. 24 Inserted by Annex 2 No 1, in force since 1 Jan. 2022 (AS 2010 1739; BBl 2006 7221; AS 2022 43; BBl 2007 5397). |