Facts
In this case, the issue was whether the direct service of a cantonal court decision to a German national residing in Germany was permissible. The decision of the lower instance was issued on April 30, 2008 and was directly sent by post to the representative of the insured person in Germany.
The Federal Supreme Court had to examine whether this direct service was lawful. To this end, it investigated the provisions of the Agreement between Switzerland and Germany on Social Security as well as the Agreement on the Free Movement of Persons between Switzerland and the EU.
Considerations
According to Article 32 of the Agreement between Switzerland and Germany on Social Security, direct postal service of court decisions to persons in Germany is permissible. This provision not only regulates the language issue, but also allows for direct written communication between the authorities and courts of the contracting parties.
The Agreement on the Free Movement of Persons between Switzerland and the EU provides for the partial suspension of the bilateral social security agreements between Switzerland and the EU Member States. However, the Agreement on the Free Movement of Persons itself does not contain any regulation on the direct service of court decisions. Therefore, Article 20 of the Agreement on the Free Movement of Persons does not preclude the…