Decision on the Imposition of Court Costs in the Cantonal Appeal Procedure between Insurers

Facts

In a dispute between CSS Insurance and the Swiss Accident Insurance Institution (SUVA) over the obligation to provide benefits for carpal tunnel syndrome, the Insurance Court of the Canton of St. Gallen dismissed CSS's appeal and imposed a court fee of 2,500 francs on it. CSS then filed an administrative court appeal with the Federal Supreme Court.

Considerations

The Federal Supreme Court states that according to Art. 108 para. 1 lit. a of the Federal Law on Accident Insurance (UVG), in the cantonal appeal procedure between insurers, no procedural costs may be imposed on the unsuccessful insurer, except in the case of reckless or malicious conduct. The wording of the…