Withdrawal of the authorization to practice social health insurance of an insurer in a situation of over-indebtedness

Facts

ACCORDA Assurance Maladie SA, a non-profit public limited company headquartered in Givisiez, was in a situation of over-indebtedness in 2002 and 2003. Despite restructuring measures undertaken, the Federal Department of the Interior (DFI) decided to withdraw its authorization to practice social health insurance, in accordance with Art. 13 para. 3 HIA. The company filed an appeal against this decision.

Considerations

The Federal Insurance Court dismissed the appeal. It considered that the conditions for the withdrawal of the authorization were met, as the company was in a situation of over-indebtedness without concrete prospects of short-term restructuring. Although the company had taken measures, such as a capital increase, these were not sufficient to ensure its restructuring. Furthermore, the company had not been able to meet its obligations towards the common institution for risk compensation within the deadlines, which attested to the precariousness of its financial situation.

The Court also rejected the company's argument that it had been the victim of embezzlement by some of its directors, considering that this could not be taken into account in the application of Art. 13 para. 3 HIA, which sets a purely objective condition for the withdrawal of the authorization.

Finally, the Court considered that the…