Facts
On 18 June 1996, A. filed a complaint with the Social Insurance Court of the Canton of Zurich in an accident insurance case. On 2 March 1999, the applicant filed a complaint for unjustified delay, requesting the Social Insurance Court of the Canton of Zurich to rule on his complaint of 18 June 1996 as soon as possible. The cantonal court waived a statement, arguing that it had rendered its decision in the case on 9 March 1999.
The parties involved are A., the applicant, and the Social Insurance Court of the Canton of Zurich. The procedure lasted 33 months since its filing and 27 months since its maturity. The applicant did not request information on the status of the procedure or request an acceleration of the procedure during the 27 months following the maturity of his complaint.
Considerations
The Federal Insurance Court considered that, since the Social Insurance Court of the Canton of Zurich rendered its decision on 9 March 1999, the complaint for unjustified delay filed on 2 March 1999 became moot and must be dismissed. The court also considered that, even if the duration of the procedure was excessive and the applicant was successful, there was no reason to grant him a costs allowance due to his failure to fulfill his obligations of diligence and good faith.
The court recalled that parties have the obligation to report procedural defects they notice to the courts and to request an acceleration of the procedure if necessary. Failing to do so may result in unnecessary costs that will be borne by the party that caused them. In this case, the…