Rejection of the insured's request to not grant suspensive effect to the administrative authority's appeal

Facts

J. [B.], holder of a law degree, terminated his employment contract with his employer in 1992. He then requested the Geneva Cantonal Unemployment Insurance Fund to be able to complete a paid internship as a lawyer while continuing to receive unemployment benefits. This request was rejected by the cantonal unemployment insurance appeal authority. J. [B.] appealed this decision to the Geneva Cantonal Unemployment Insurance Appeals Commission, which upheld his appeal. The Federal Office of Industry, Arts and Crafts and Labour (OFIAMT) then filed an administrative appeal against this judgment with the Federal Insurance Court. J. [B.] requested that the suspensive effect not be granted to OFIAMT's appeal.

Considerations

The Federal Insurance Court rejected J. B.'s request to not grant the suspensive effect to OFIAMT's appeal. Indeed, even if the President of the Federal Insurance Court granted the suspensive effect to the appeal, this would not oblige the cantonal administrative authority to immediately issue a new decision in line with the considerations of the contested judgment, nor to pay J. [B.] the daily allowances during the duration of his lawyer internship. Immediate enforcement of the judgment could only be obtained through provisional measures, which is only possible if they prove necessary to maintain the factual situation or to safeguard the compromised interests,…