Facts
The Disability Insurance Office for the canton of Vaud filed an administrative law appeal against the judgment of 10 April 2003 of the Federal Appeals Commission for AHV/IV for persons residing abroad. The latter had annulled the decision of the IV Office for insured persons residing abroad, which had discontinued the disability pension granted to the insured person.
The Federal Insurance Court ex officio examines the admissibility requirements of the appeal. It finds that the Disability Insurance Office for the canton of Vaud did not issue the contested decision in the appeal proceedings and did not participate in these first instance proceedings either. Consequently, this office does not have the capacity to file an administrative law appeal against the judgment of the Federal Appeals Commission.
Considerations
According to the case law, only the person or authority affected by the contested decision and having a legitimate interest in its annulment or modification may file an administrative law appeal. In the present case, the interest that the Disability Insurance Office for the canton of Vaud could assert is indistinguishable from the public interest in the correct application of the law, which is not sufficient to confer on it the capacity to appeal.
Furthermore, federal legislation grants the right of appeal to the authorities to whom the…