Facts
The case concerns a decision of the Federal Social Insurance Office, against which Karl Rüegg had filed an appeal. The 30-day appeal deadline began on July 8, 1975 and ended on August 6, 1975. However, the appeal was filed on August 7, 1975, i.e. after the expiry of the deadline.
The cantonal insurance court had restored the missed deadline and proceeded with the appeal. The Federal Supreme Court now had to examine whether this restoration of the deadline was justified.
Considerations
The Federal Supreme Court states that according to the applicable provisions of federal law (Art. 96 OASI, Art. 81 DIA, Art. 20-24 APA), a restoration of the deadline is only possible if the applicant was prevented from observing the deadline through no fault of their own, and they file a reasoned request for restoration within 10 days after the obstacle has been removed.
In the present case, Rüegg had indeed stated that he had only found the decision of the compensation fund after his return from vacation. However, the Federal Supreme Court does not see this as a reason for restoring the…