Facts
The State Secretariat for Economic Affairs sued D. and the Administrative Court of the Canton of Bern. It was about the reclaiming of insurance benefits that were informally awarded to D.
The Federal Supreme Court had to decide under what conditions the administration can revoke an informally awarded benefit.
Considerations
The Federal Supreme Court stated that the reclaiming of insurance benefits that were legally awarded is subject to the usual conditions for revocation, such as procedural revision or review, regardless of whether the benefits were formally or informally granted.
In the case of formal decisions, the administration may revoke them during the appeal period without the conditions for review or procedural revision having to be met. However, for factual decisions such as benefit statements, the authority is not entitled to a longer period for revocation without conditions.
Reclaiming…