Decision on the Obligation to Have Health Insurance for Family Members Residing in Poland of a Polish National Employed in Switzerland

Facts

The Polish national [A.], born in 1979, was employed as an agricultural worker in Switzerland from May 1 to November 30, 2015. For this period, he was insured under the Swiss health insurance system. His wife and children residing in Poland were also insured by the Agrisano health insurance fund. However, [A.] terminated the insurance contracts of his family members. Agrisano maintained that the family members were also subject to the mandatory Swiss health insurance.

Considerations

The Federal Supreme Court held that, in principle, non-working family members of an EU citizen employed in Switzerland are subject to the Swiss mandatory health insurance. This is based on the provisions of the Agreement on the Free Movement of Persons between Switzerland and the EU and the related Regulations on the Coordination of Social Security Systems.

However, an independent entitlement to health insurance of the wife of [A.] in Poland may take precedence over the derived entitlement in Switzerland. The decisive factor is whether the wife is registered as unemployed…