Facts
The Verein X, a non-profit organization aimed at providing voluntary care for the seriously ill, applied to the Federal Social Insurance Office (OFAS) for subsidies to finance training courses for volunteers in 1989 and 1990. OFAS rejected these applications on the grounds that according to the circular of January 1, 1986 on AHV contributions to private organizations providing assistance to the elderly, the requested services are only granted if the organization is legally supported by an association or foundation, which was not the case here as the organizers of the courses formed a simple partnership.
Considerations
The Federal Insurance Court considered that Art. 101bis of the Old Age and Survivors' Insurance Act (OASIA) does not confer a subjective right to subsidies for elderly assistance. Although this provision stipulates that the insurance "may" grant contributions, the preparatory work shows that the intention was to leave a margin of discretion to the competent authority without creating…