Decision on the issue of the accident insurer's right to choose the University Psychiatric Clinics Basel (UPK)

Facts

The Swiss National Accident Insurance Fund (SUVA) filed a complaint against the decision of the Federal Administrative Court, which had recognized the UPK as a newly created administrative and operational unit within the meaning of Art. 98 para. 2 AIA and thus granted the accident insurer the right to choose. The UPK had been transformed from a department of the Canton of Basel-Stadt into a public law institution with its own legal personality as of January 1, 2012. The Federal Supreme Court overturned the decision of the Federal Administrative Court and denied the UPK the right to choose, as they had already been considered an organizationally independent unit within the meaning of Art. 98 para. 1 AIA prior to the restructuring, and the accident insurer's right to choose had already been exercised.

Considerations

The Federal Supreme Court stated that Art. 75 AIA delegates to the Federal Council the competence to regulate the modalities of the right to choose also for public administrations newly created after the entry into force of the AIA. The regulation of the right to choose for newly created administrative and operational units contained in Art. 98 AIA is thus within the statutory competence framework.

The decisive factor for the question of whether an administrative or operational unit is considered "newly created" within…