Facts
The case concerns an Italian cross-border worker, D., who works in Switzerland and resides in Italy. The Cantonal health insurance office of Ticino (UAM) had found that many Italian cross-border workers had not exercised the option to choose medical care coverage in their country of residence. The UAM had therefore decided to initiate a regularization procedure, setting a supplementary deadline to exercise the right of option.
D. had not received the personal communication of June 12, 2008, and had not been informed of the right of option. He had therefore filed a complaint against the decision of automatic affiliation to the HIA, requesting to exercise the right of option in favor of the Italian healthcare system.
The Cantonal Court had rejected the complaint, considering that the UAM had fulfilled its information obligations and that the failure to transmit the personal communication of June 12, 2008, did not constitute a justified case for the late exercise of the right of option.
Considerations
Applicable law: The Federal Court has established that the applicable law is Swiss law, pursuant to the Agreement on the Free Movement of Persons (AFMP) and Regulation (EEC) No 1408/71.
Right of option: The Court recognized that the right of option is a subjective right that can be exercised by cross-border workers residing in Italy and working in Switzerland, under the AFMP and Regulation (EEC) No 1408/71.
Regularization procedure: The Court established that the regularization procedure initiated by the UAM constituted an administrative act that had to be personally notified…