Facts
On March 26, 1980, the Cantonal Health Insurance Fund of Vaud requested its insured, Michel Gioanni, to settle the balance of his contributions for the year 1979 by April 11. As Gioanni did not comply with this request, the insurance fund served him on June 7, 1980, with a payment order for 454 francs plus interest (Debt Collection No. 156848 of the Debt Collection Office Lausanne-East). Gioanni raised a full objection to debt collection.
On June 24, 1980, the insurance fund issued a decision declaring Gioanni as the debtor of 457 francs and lifting the objection to debt collection against Debt Collection No. 156848 of the Debt Collection Office Lausanne-East. The document informed the debtor of his right to file a complaint with the Cantonal Insurance Court within 30 days.
On August 24, 1980, the insurance fund requested the continuation of the debt collection. It submitted a certificate from the Cantonal Insurance Court dated August 14, stating that no complaint against the decision of June 24 had been filed within the legal deadline. On September 10, 1980, the Debt Collection Office Lausanne-East rejected the request and instructed the creditor to apply to the judge for the definitive lifting of the objection to debt collection.
Considerations
The Federal Supreme Court confirmed its long-standing case law, according to which the creditor who has had his claims recognized pursuant to Art. 79 DEBA can directly demand the continuation of the debt collection, without having to go through the debt enforcement proceedings under Art. 80 DEBA. The same applies if a decision within the meaning of Art. 79 DEBA is issued by an authority or an administrative court of the Confederation or the…