Facts
The present case concerns the question of whether the Federal Supreme Court Act (OG) or the Administrative Procedure Act (VwVG) applies to the appeal procedure before the Federal Appeals Commission for the Specialties List. The lower instance concluded that, contrary to the wording of Art. 90 para. 2 KVG, the VwVG is applicable.
The appellant A. opposed a decision of the Federal Social Insurance Office and filed an appeal with the Federal Appeals Commission for the Specialties List. According to Annex 1 of the Ordinance of 3 February 1993 on the Organization and Procedure of Federal Appeals and Arbitration Commissions, this Commission is one of the federal appeals commissions for which the VwVG generally applies.
Considerations
The Federal Supreme Court explains in its reasoning that the wording of Art. 90 para. 2 KVG, which declares the Federal Supreme Court Act applicable, is clear. However, it emerges from the legislative history of this provision that it was an obvious oversight by the legislator.
In the Federal Council's message on the revision of the Federal Act on the Organization of Federal Judicial Authorities of 1991, it was expressly stated that the jurisdiction, organization, procedure and status of the federal appeals commissions should be regulated uniformly in the VwVG. Accordingly, Art. 71a-d were inserted into the VwVG…