Facts
The present case concerns the applicability of the Federal Act on the General Part of Social Insurance Law (ATSG) to unemployment insurance law. The Federal Court had to clarify under what conditions a declaratory ruling can be issued under Art. 49 para. 2 ATSG.
The lower court had correctly determined that the procedural innovations of the ATSG that entered into force on January 1, 2003 are applicable to the present case, subject to deviating provisions of the Unemployment Insurance Act (AVIG).
Pursuant to Art. 49 para. 1 ATSG, the insurance carrier must issue written rulings on significant benefits, claims and orders. Benefits, claims and orders that do not fall under Art. 49 para. 1 ATSG can be handled in an informal procedure according to Art. 51 para. 1 ATSG.
Considerations
The Federal Court states that even under the ATSG, the issuance of a ruling is an indispensable prerequisite for a substantive judgment in the subsequent administrative or administrative court appeal procedure. The concept of a ruling is determined by Art. 5 para. 1 of the Federal Act on Administrative Procedure (VwVG).
The issuance of a declaratory ruling requires, pursuant to Art. 49 para. 2 ATSG, a worthy interest. This requirement is to be interpreted analogously to Art. 25 para. 2 VwVG. Such an interest exists if there is a legal or factual and current interest…