Facts
The applicant, of German nationality, was awarded a full disability pension by decision of the Swiss Compensation Office on March 3, 1982. He appealed against this decision to the Federal Appeal Commission for Old Age and Survivors' Insurance/Disability Insurance for persons domiciled abroad, requesting a higher pension. The Federal Appeal Commission annulled the contested decision and referred the case back to the administration for further examination, considering that the conditions for granting the disability pension were not clearly established. The Swiss Compensation Office then appealed to the Federal Insurance Court, requesting the annulment of the decision of the Federal Appeal Commission and the maintenance of its initial decision regarding the calculation of the pension.Considerations
The Federal Court ruled that the dispute concerned only the calculation of the pension amount, and not the degree of disability or the date of onset of disability, which were not contested. The Federal Appeal Commission had therefore exceeded the subject matter of the dispute by referring…