Facts
Company P. SA was affiliated as an employer with the Compensation Fund of the Canton of Fribourg (the Fund). After the bankruptcy of this company on July 2, 1990, the Fund issued a decision on January 14, 1991, holding [G.], one of the company's governing bodies, liable for the damage suffered (loss of joint contributions) and requesting compensation from him up to the amount of CHF 1,387.90. [G.] filed an objection to this decision, but the Administrative Court of the Canton of Fribourg ruled in favor of the Fund on March 17, 1994. [G.] then appealed against this judgment to the Federal Insurance Court, concluding for his release. He argued that he had personally gone bankrupt on August 31, 1990.Considerations
The Federal Insurance Court allowed the appeal and annulled the contested judgment. It considered that the Fund's claim for compensation for the damage was born on July 2, 1990, i.e. before the opening of G.'s personal bankruptcy on August 31, 1990. Therefore, the decision of January 14, 1991 notified to [G.] was null and void, as it should have been notified to the administration of G.'s bankruptcy, which alone was entitled to represent him in this procedure.
The Court specified that the claim for compensation for the damage based on Art. 52 OASIA arises at the time the damage is caused, i.e. here at the opening of the bankruptcy of company…