Facts
F. X and his brother S. X were insured with the CPT Health Insurance Fund until December 31, 1996. In 1996, they benefited from reductions in health insurance premiums for insured persons of modest economic means. On March 3, 1997, the CPT reimbursed F. X an amount of 534.85 francs, corresponding to the premiums for the months of July to September 1996, after deducting cost-sharing and a premium difference. However, the fund realized that the two brothers had benefited from a double reduction in premiums for this period. On February 3, 1998, it therefore claimed from F. X the amount of 677.40 francs, with interest.
F. X filed an objection to this decision. The Administrative Tribunal of the Canton of Geneva dismissed his appeal and ordered the definitive release of the opposition up to 677.40 francs, with interest.
F. X then filed an administrative law appeal against this judgment with the Federal Insurance Court.
Considerations
The Federal Insurance Court first examines the admissibility of the administrative law appeal. It considers that, insofar as the contested decision relates to the reimbursement of the premium reduction, it is based on cantonal law and not federal law. Consequently, only the public law appeal is available in this case.
However, with regard to cost-sharing and the premium balance, the judgment is based on federal social insurance law. On these points, the administrative…