Facts
The case concerns a German national, S., born in 1967, who was employed both in Switzerland for the company X. AG and in Germany for the company R. GmbH. On January 22, 2010, S. suffered a non-occupational accident in Germany due to a fall on his right hand. The company X. AG, domiciled in Switzerland, had taken out compulsory accident insurance for its employees with AXA Insurances AG (AXA). However, AXA rejected insurance coverage for S., as it did not see his place of residence as being in Switzerland.
S. filed a complaint against the decision of AXA. The Insurance Court of the Canton of Aargau dismissed the complaint. S. then filed an appeal in public law matters with the Federal Supreme Court.
Considerations
The Federal Supreme Court first examined which legal regulations are applicable to the case. It concluded that for the period until the end of March 2012, Regulation (EEC) No. 1408/71 applies, as it is part of Swiss law according to the Agreement on the Free Movement of Persons between Switzerland and the EU.
The Federal Supreme Court confirmed the finding of the lower instance that S. had his place of residence in Germany. It based this on objective criteria such as the location of his medical treatment, his tax payments and health insurance in Germany, as well as his business relationships there. Formal registrations in…