Facts
The case concerns a claim for a disability pension filed by Fornasiere against the Swiss Compensation Fund and the Federal Appeal Commission for AHV/IV for persons residing abroad. On 25 February 1977, the Swiss Compensation Fund had issued a decision refusing the pension. Pending the appeal against that decision, the Fund subsequently issued a new decision granting the pension from 1 June to 31 October 1977. The Federal Appeal Commission considered that the first appeal had become devoid of purpose due to the new decision issued by the administration during the proceedings.Considerations
The Federal Insurance Court examined the issue and considered that it should not depart from its previous case law, expressed in the Massari judgment. According to the Court, Art. 58(3) PA provides that the appeal authority must examine the merits of the appeal "insofar as it has not become devoid of purpose due to a new decision". This means that the new decision issued by the administration during the proceedings does not automatically deprive the appeal of its purpose, but only to the extent that it has satisfied the appellant's requests. To the extent that the appellant has not been satisfied, the appeal remains pending and the appeal authority must examine the merits of the remaining disputed issues, without the appellant necessarily having to appeal the new decision.
The Court considers that this solution is more in line with the text and purposes of Art. 58 PA, which aims to simplify the procedure and not to limit the legal protection of the parties. Forcing the appellant to appeal the…