Facts
Cooperative A. was a member of the Association for Social Insurance Matters of Public Institutions of the Canton of Bern and was affiliated with the Compensation Fund of the Canton of Bern. On January 1, 2013, it wanted to switch to the Compensation Fund of Business Owners Bern, which the cantonal Compensation Fund, however, rejected. The Federal Social Insurance Office (BSV) rejected the change of funds by decision of March 20, 2013. Against this, Cooperative A. filed a complaint with the Federal Administrative Court, which did not enter into the matter and referred the case back to the BSV for the conduct of the objection procedure. The BSV then filed a public law appeal with the Federal Supreme Court.Considerations
The Federal Supreme Court upholds the BSV's appeal. It states that decisions of the BSV on membership in the compensation fund are subject to appeal under Art. 64 para. 6 OASIA and that an objection procedure under Art. 52 GSSLA does not necessarily have to be conducted. The materials show that the legislator only intended to apply the procedural provisions of the GSSLA if the BSV decides as a first instance authority on social insurance benefits. In the remaining cases, in particular in the area of supervisory law as here, the procedure is to be governed by the Federal…