Facts
The Swiss Compensation Office revoked the entire disability pension of Armando Binder by order dated December 2, 1981, whereby the suspensive effect of any possible appeal was withdrawn. The note about the withdrawal of the suspensive effect was on the back of the order document signed on the front. The insured person Binder filed an appeal against this order. The President of the AHV Appeals Commission of the Canton of Zurich then found that the revocation of the suspensive effect ordered on the back of the contested office order was null and void. The Compensation Office then filed an administrative court appeal with the aim of restoring the withdrawal of the suspensive effect.Considerations
The Federal Court overturned the decision of the lower court and restored the withdrawal of the suspensive effect. It stated the following:
The civil law formal requirement that the signature should be at the end of the document is not a prerequisite for the validity of disability insurance pension orders. In the case of orders, it is rather a matter of which declarations are part of the operative part of the order and what meaning the ordered measures have. These questions must be…