Facts
Foundation X is a specialized center in alcoholism treatment that collaborates with the disability insurance authorities in the context of socio-professional rehabilitation measures. It has implemented the PLAN 33 program, aimed at preventing the loss of socio-professional integration of persons suffering from alcoholism.
By decision of September 27, 1995, the Federal Social Insurance Office (OFAS) terminated, with effect from January 1, 1996, the granting of subsidies previously allocated to the Foundation for the financing of PLAN 33. The Foundation then filed an administrative appeal against this decision.
Considerations
The Federal Insurance Court first examines the admissibility requirements of the appeal. It considers that decisions on the granting or refusal of subsidies to institutions for the disabled within the meaning of Art. 73 et seq. of the IVG are rendered at first instance by OFAS, and that the appeal against these decisions must be brought before the Federal Department of the Interior as the supervisory authority of OFAS. The Federal Insurance Court has final jurisdiction over administrative appeals against decisions of the Federal Department of the Interior.
On the merits, the Federal Insurance Court considers that the persons attending PLAN 33 cannot be considered as disabled within the meaning of the law, as alcoholism does not in itself constitute a disability entitling to disability insurance benefits. Even if some participants…