Facts
The bankrupt company M. SA, headquartered in Geneva, had a branch in Lausanne. In its capacity as an employer, this branch was affiliated with the Compensation Fund of the Vaud Federation of Contractors (hereinafter: the Fund). The Fund issued two decisions on 8 and 9 February 1996, holding R. and G. responsible for the loss it had suffered in the bankruptcy of the company M. SA (loss of joint contributions) and demanding compensation from them up to the amount of 28,719 CHF 80.
As R. and G. had objected to these decisions, the Fund brought the case before the Insurance Court of the Canton of Vaud. However, by judgment of 12 November 1996, the Cantonal Court declined its jurisdiction and transferred the file to the Geneva Cantonal Appeals Commission in Old Age and Survivors' Insurance (AVS) matters.
The Fund filed an administrative law appeal against this judgment, requesting its annulment and the referral of the case to the Insurance Court of the Canton of Vaud for a decision on the merits, its jurisdiction ratione fori being admitted.
Considerations
The Federal Tribunal considered that, according to Art. 642 para. 3 CO, branches have a distinct forum from that of the principal establishment for matters related to their activity. Thus, the Fund could bring a claim for compensation for the damage before the Vaud judge at the forum of the branch.
However, the case law has left open the question of whether the regulation of Art. 200 para. 1 RAVS allows for an alternative forum in the event that an employer affiliated with a professional compensation fund has one or more branches located in cantons other than that of the principal establishment.
In its opinion, the…