Facts

N. received a survivor's pension from the Compensation Fund of the Canton of Zurich. From April 1991, he also received a child's pension as a supplement to his father's old-age pension from the Compensation Fund of the Canton of Zug. On 14 April 1992, the Compensation Fund of the Canton of Zug issued a reimbursement order, against which N. filed an appeal on 17 June 1992. The Compensation Fund forwarded the appeal to the Administrative Court of the Canton of Zug, where it was received on 22 June 1992. The Administrative Court dismissed the appeal by decision of 13 August 1992, as neither the appeal nor the envelope bore the signature of the insured person or his representative.

Considerations

The Federal Insurance Court decided that the cantonal court should not have dismissed the appeal due to the lack of a signature without first setting N. an appropriate additional deadline to remedy the deficiency. This results from the general procedural legal principle that follows from the prohibition of excessive formalism and also applies in the…