Facts
The production and service association B. offers workshop and training places for people with mental disabilities in X. As part of a bankruptcy proceedings opened against F. AG, it was able to purchase a property (hereinafter: Property I) in the industrial center, where its other workplaces and production rooms are also located, at a price of CHF 1.85 million (with an estimated value of CHF 2.4 million) on November 1, 2001. Previously, the association had submitted an application to the welfare office of canton Y on September 6, 2001, for a contribution from the disability insurance to cover the costs of acquiring this property.
After obtaining a statement from the canton Y's building authority on September 24, 2001, which fundamentally supported the granting of contributions, the welfare office forwarded the application for benefits to the competent federal office for social insurance (INO) on October 5, 2001. The latter informed the association by letter of February 18, 2002, that financial participation by the disability insurance was not possible since the property acquisition was made without its prior written assurance.
Considerations
The Federal Act on Financial Assistance and Refunds (SubA, SubA) regulates the granting of financial assistance and refunds by the Confederation. According to Art. 26 para. 3 SubA, an applicant may only begin construction or make major purchases if the financial assistance or refund has been finally or fundamentally assured or if the competent authority has granted approval for this purpose.
The appellant association made the purchase of the property without prior approval or assurance from the INO. The lower court therefore rightly decided that financial assistance could not be granted. The provisions of the SubA also apply in the area of disability insurance, and the granting of construction contributions is tied to the fulfillment of a precisely…