Facts

According to the commercial register entry, the company D. AG operates the freight forwarding and transport business as well as travel agencies. Prior to the entry into force of the UVG (Accident Insurance Act) on January 1, 1984, the insurance relationships with the SUVA (Swiss Accident Insurance Fund) were regulated separately for each branch office of D. AG. By order of the SUVA dated March 29, 1984, the entire enterprise of D. AG was retroactively placed under its scope of activity as of January 1, 1984.

D. AG appealed against this decision to object to the Federal Social Insurance Office and requested that the entire operation not be placed under the SUVA. The Federal Office upheld the appeal and revoked the decision to object as well as the order of placement.

The SUVA then filed an administrative court appeal and requested the reversal of the lower court's decision.

Considerations

The Federal Insurance Court concluded that the company D. AG represents a mixed enterprise, as it is not limited to a single, coherent field of activity, but has two clearly distinguishable focal points in the areas of freight forwarding/transport and travel agency organization.

Since the two business units of freight forwarding/transport and travel agency organization are not related in terms of subject matter, it is a mixed enterprise. The freight forwarding unit constitutes the main business, while the transport unit is to be…