Facts
The Unemployment Insurance Fund of the Canton of Graubünden had filed an administrative court appeal against the decision of the Administrative Court of the Canton of Graubünden, which had overturned the Unemployment Insurance Fund's decision to suspend Cosimo Coluccello's entitlement to unemployment benefits. The Federal Office for Industry, Commerce and Labour (BIGA) requested that the appeal be dismissed, as the Unemployment Insurance Fund was not entitled to do so.
Considerations
The Federal Insurance Court states that the Unemployment Insurance Funds neither have a legitimate interest in the revocation or amendment of the decision under Art. 103(a) of the Federal Supreme Court Act (OG), nor are they entitled to appeal as a federal authority under Art. 103(b) OG. Nor does an authorization to appeal under Art. 103(c) OG arise from federal law, as the law has consciously excluded the right of appeal of the Unemployment Insurance Funds.
The Court finds that the materials on the Unemployment Insurance Act (AVIG) clearly show that the legislator did not intend to provide the Unemployment Insurance Funds with the right of appeal. This qualified silence…