Attorney's Fees as Additional Costs within the Meaning of Art. 69 Para. 2 ATSG

Facts

The case concerns the question of whether attorney's fees can be recognized as additional costs within the meaning of Art. 69 Para. 2 of the Federal Act on the General Part of Social Insurance Law (ATSG). The insured person G. had filed a complaint in public law matters against Basler Versicherung AG.

The Federal Court had to clarify whether attorney's costs incurred by the insured person in the context of claiming social insurance benefits can be taken into account in the calculation of a possible over-compensation.

Considerations

The Federal Court concluded that attorney's fees can generally be recognized as additional costs within the meaning of Art. 69 Para. 2 ATSG. The wording of the provision, the legislative history, the purpose, and the systematic context support a broad interpretation of the term "additional costs".

However, the Federal Court stipulates that only attorney's fees that were actually caused by the insurance case and were necessary to obtain the social insurance benefits relevant for the over-compensation calculation can be taken…