Facts
The compensation office of the canton of Solothurn obliged the former president of the administration of an insolvent cooperative to pay damages for lost contributions under solidary liability with the other six members of the administration. The appeal procedures regarding the liability for damages of the aforementioned ten persons also claimed ended with their dismissal from liability due to lack of organ status or organ quality.
The insurance court of the canton of Solothurn lifted the appeal decision, as the compensation office had failed to join the persons liable for damages to the appeal procedures of the other ten persons claimed, which constituted a non-curable violation of the right to be heard.
Considerations
The Federal Court has approved the complaint of the Federal Office for Social Insurance and lifted the decision of the insurance court of the canton of Solothurn. The lower court had denied the liability for damages of the defendant according to Art. 52 OASIA, as the compensation office had also issued damage rulings against ten other persons, but they had all been released from liability upon appeal.
The Federal Court has established that the case law on intervention in a dispute over damages according to Art. 52 OASIA is also applicable to the appeal procedure. The compensation office should have joined the defendant to the appeal procedures of the ten other persons claimed, as he had a legal and factual interest in having other persons declared liable in addition to himself.
The Federal Court has…