Appeal in administrative law against a cantonal decision

Facts

The dispute opposes the plaintiff, Conte, to the Helvetia health insurance fund and the cantonal court of the canton of Schaffhausen. The plaintiff has filed an appeal in administrative law with the federal court against a decision of the cantonal court. The Federal Office raised the objection of inadmissibility of the appeal, based on Article 102 of the FJA, which provides that the appeal in administrative law is inadmissible if another complaint or prior opposition is open. The Federal Office argued that the plaintiff had submitted a request for revision of the cantonal decision, which would constitute a request for revision within the meaning of Article 30bis, paragraph 3, letter h, of the KUVG, which should be submitted to the cantonal court.

Considerations

The federal court examined the question of whether the appeal in administrative law was admissible in this case. It considered that Article 102 of the FJA only targeted ordinary legal remedies and that, in this case, the plaintiff had not submitted a request for revision within the meaning of Article 30bis, paragraph 3, letter h, of the KUVG.

The federal court also considered that, even if the plaintiff had submitted a request for revision, it could not determine whether the procedural requirements for revision were met, since the cantonal…