Facts
T., born in 1968, was affiliated with the Compensation Fund of the Canton of Zurich as a self-employed person in his main occupation (sector: risk management) since September 1, 1996. In November 2003, he requested his registration as an independent business consultant effective January 1, 2004. The Compensation Fund refused to recognize him as a self-employed person by decision of April 2, 2004 and decision on objection of May 7, 2004. The Social Insurance Court of the Canton of Zurich annulled the decision on objection, considering that the conditions for issuing a declaratory decision were not met. The Compensation Fund appealed against this decision.Considerations
The Federal Social Insurance Court considers that the decision to refuse affiliation as a self-employed person and registration in the register has a constitutive character. The competent Compensation Fund must therefore issue a decision that can be appealed, which must also be notified to the employer or the person obliged to pay contributions, insofar as they are known.
In the present case, the decision of April 2, 2004 and the decision on objection of May 7, 2004 were therefore admissible. The Cantonal Court should have either examined the merits of…