Facts
Mr. was employed by the Swiss Federal Railways (CFF). On December 27, 1999, he was the victim of a work-related accident covered by the Swiss National Accident Insurance Fund (CNA). By decision of March 11, 2003, the CNA granted him a disability pension effective November 1, 2001, based on a degree of earning incapacity of 31%. The CFF filed an objection to this decision, concluding that a pension of 56% should be paid. They argued that under the collective labour agreement, staff were entitled to 100% salary payment for two years in the event of a work-related accident. The CNA declared the objection inadmissible, considering that the CFF could not claim a sufficiently protected interest in the modification of the decision. The CFF appealed against this decision, and the Cantonal Social Insurance Court of Geneva upheld the appeal. The CNA then filed an administrative law appeal.Considerations
The Federal Tribunal ruled that the CFF did not have standing to file an objection to the CNA's pension allocation decision. Although the CFF invoked an economic interest related to their obligation to pay the salary for two years in the event of a work-related accident, the Federal Tribunal considered that this interest was not sufficiently direct and concrete to give them…