Facts
In this case, it was about an administrative court appeal by Winterthur Insurances against A., C. and R. as well as the Administrative Court of the Canton of Bern. The Federal Insurance Court had to examine whether the cantonal appeal procedure complies with the federal legal requirements.
The cantonal court had dismissed the belatedly filed appeal response of Winterthur Insurances from the files, without having previously threatened the consequences of default. Winterthur Insurances complained of a violation of their right to be heard.
Considerations
The Federal Insurance Court concluded that the cantonal court had not violated the constitutional right to be heard or the minimum federal legal requirements for the procedure before the cantonal insurance court.
Pursuant to Art. 61 ATSG, the procedure before the cantonal insurance court is governed by cantonal law, as long as it meets the requirements set forth in Art. 61 lit. a-i ATSG. The Federal Insurance Court has only to examine whether the application of the cantonal procedural law or the exercise of discretion by the cantonal court has led to a violation of federal law.
The constitutional right to be heard under Art. 29 para. 2 BV does indeed include the right to express oneself on official orders. However, this claim is compatible with the requirements of an orderly course of proceedings or procedural economy. Setting a deadline for the exercise of the right to express oneself is therefore permissible, as long…