Facts
On April 28, 1975, the Compensation Fund Basel-Stadt informed the company Triplan Ingenieur AG that its "freelance employees" were legally dependent on employment and subject to contributions under the Old Age and Survivors' Insurance (AHV) law. The company appealed against this "ruling", whereupon the Cantonal Appeals Commission Basel for the Compensation Funds upheld the appeal on October 3, 1975 and revoked the Compensation Fund's "ruling".
The Compensation Fund then filed an administrative court appeal with the request to revoke the lower court's decision and confirm its "ruling". The company Triplan AG requested the dismissal of the administrative court appeal.
Considerations
The Federal Insurance Court states that neither the decision of the Appeals Commission nor the administrative act of the Compensation Fund of April 28, 1975 can be considered appealable declaratory rulings within the meaning of Art. 5 para. 1 lit. a or b of the Federal Act on Administrative Procedure (VwVG). The decisions do not meet the legal requirements for a ruling, as they do not establish or determine any specific and individualized rights or obligations.
Therefore, the administrative court appeal is not entered into, as neither the decision of the Appeals Commission nor…