Facts
A., born in 1984, filed an appeal against a decision of the Department of Industry, Trade and Labor (DIHA) with the Cantonal Court of Valais. The appeal was electronically signed and submitted on May 6, 2016, the last day of the appeal period. The Cantonal Court did not enter into the appeal, as there was no legal basis for the admissibility of electronic submissions in the area of social insurance proceedings in the Canton of Valais.
Considerations
The Federal Supreme Court confirmed the decision of the Cantonal Court. It stated that a specific legal regulation is required for electronic legal transactions within the framework of court and administrative proceedings. Such a regulation is lacking in the area of social insurance proceedings in the Canton of Valais. Neither the Law on the Administration of Justice (RPflG) nor the Procedural Regulations of the Cantonal Insurance Court (RVG) contained a corresponding provision.
The Federal Supreme Court further stated that the federal legislator has not given the cantons any guidelines for the creation of a uniform electronic legal transaction. Only in the field of civil law has the Confederation enacted regulations, such as in Art. 130 of the Swiss Civil Procedure Code (ZPO). The reference in Art. 81 of the Law on Administrative Procedure and…