Validity of an opposition without grounds against a decision on compensation for damage caused by the employer

Facts

This decision of the Swiss Federal Tribunal concerns a dispute between the Compensation Fund of the Swiss Society of Contractors (the appellant) and Y (the respondent) regarding a decision on compensation for damage caused by the employer under Art. 52 OASI.

The appellant notified a decision to the respondent on February 17, 1988, but the latter filed an opposition only on March 29, 1988. The appellant contested the validity of this opposition, on the grounds that it was not substantiated.

Considerations

The Federal Tribunal ruled that the opposition filed by the respondent on March 29, 1988 was valid, even in the absence of grounds. Indeed, Art. 81 para. 2 OASI Ordinance does not impose any specific formal requirements for an opposition, beyond the mere expression of the will to file an opposition.

The Tribunal noted that the opposition provided for in Art. 81 para. 2 OASI Ordinance aims to cancel the decision rendered by the fund, without the latter being able to rule again. It is therefore closer to the opposition in debt enforcement…