Facts
Dario P., residing in Lugano, has been a member of the Swiss Health and Accident Insurance Fund Concordia (hereinafter referred to as Concordia) since May 1969. With payment order No. 119 206 of the Lugano debt collection office dated July 18, 1991, Concordia pursued him for outstanding premiums for the months of July/August 1990 in the amount of CHF 420.20 plus interest, administrative expenses and debt collection costs. Dario P. filed an objection.
Concordia then obliged him by order of September 4, 1991 - while simultaneously revoking his objection - to pay CHF 471.25. Dario P. filed a complaint against this order with the Administrative Court of the Canton of Lucerne, which reduced the claim to CHF 459.20 and revoked the revocation of the objection.
Concordia then filed an administrative court appeal with the Federal Insurance Court, requesting confirmation of the revocation of the objection.
Considerations
The Federal Insurance Court states that for the continuation of debt collection proceedings, based on a (legally binding) decision of an out-of-canton administrative or appeal authority within the meaning of Art. 79 DEBA, the conduct of debt enforcement proceedings is not required in all cases. Rather, the procedure is governed by Circular No. 26 of the Federal Court of October 20, 1910.
According to this circular, the debt collection office must inform the debtor at the time of the announcement of the seizure or before the threat of bankruptcy that he is free to raise one of the defenses provided for in Art. 81 para. 2 DEBA within 10 days. If this is done, the debt collection office must inform the creditor of this and the…