Facts
The Center X. for the canton of Y. aims to welcome, assist, advise and support those who consult it due to social, spiritual, psychological, relational, legal, material, economic or disability-related difficulties. Since 1984, Center X. has received a subsidy from the Disability Insurance (AI) for its advisory and support activities for persons with disabilities.
On March 31, 2000, Center X. submitted a request for subsidies to the Federal Social Insurance Office (OFAS) for the years 2001-2003 for the social and legal consultations it offers to persons with disabilities. OFAS refused to grant these subsidies on the grounds that Center X. was not entirely or largely dedicated to assistance for the disabled and that its range of services did not have a reach at the level of a linguistic region.
The Federal Department of the Interior rejected Center X.'s appeal against this decision. Center X. then filed an administrative law appeal with the Federal Insurance Court.
Considerations
The Federal Insurance Court considered that federal legislation confers a right to the subsidies provided for in Article 74 of the Disability Insurance Act (LAI) and Articles 108 et seq. of the Disability Insurance Ordinance (RAI). However, to benefit from these subsidies, an organization must be entirely or largely dedicated to assistance for the disabled.
In this case, it appears that only 11% of Center X.'s consultations were related to disability insurance, which is significantly less than the 50% proportion required by the regulations.…