Facts
This decision concerns an appeal against a decision of the Administrative Court of the Canton of Lucerne, which imposed court costs on the appellant on the grounds that he had acted in a reckless and negligent manner in the cantonal proceedings regarding occupational pensions.
The Federal Insurance Court had to rule on the question of whether it had jurisdiction to examine this decision on costs, despite the cantonal nature of the proceedings.
Considerations
The Federal Court considers that the possibility, in cantonal proceedings, of imposing court costs in case of reckless or negligent conduct corresponds to a general principle of federal social insurance law. Although Art. 73(2) OPA does not specify the cases in which the rule of free proceedings may be derogated from, the Federal Court considers that this derogation must be defined by federal law to ensure uniform application.
Thus, the Federal Court accepts that cantonal decisions on the imposition of costs in case of reckless or negligent conduct are subject to administrative law appeals to the Federal Insurance Court. The…