Facts
The Federal Court had to rule on an appeal by the Swiss Accident Insurance Institution (SUVA) against a judgment of the Cantonal Court of Basel-Landschaft. The dispute was whether the time limit for appeal in the previous proceedings had been observed. The SUVA had filed an appeal against an interim decision on December 5, 2003, which had been issued on November 25, 2003. The cantonal court had considered the appeal to be timely, as the 30-day time limit under Art. 60 GSSLA had been observed.
The SUVA argued that interim decisions had to be appealed within 10 days, as stipulated in other laws (cf. Art. 50 APA, Art. 106 para. 1 FJA). However, the cantonal court had decided that the 30-day time limit under Art. 60 GSSLA also applied to the appeal against interim decisions.
Considerations
The Federal Court dismissed the appeal and confirmed the decision of the cantonal court. It found that the 30-day time limit under Art. 60 GSSLA also applies to the appeal against interim decisions. The wording of Art. 56 para. 1 GSSLA suggests that decisions against which an objection is excluded are equivalent to an objection decision in terms of their appealability.
The court also considered the legislative history of Art. 60 GSSLA and found that the 30-day time limit for appealing interim decisions had not been called into question. It also cited the opinion of the literature, according to which the 30-day time limit also applies to interim decisions (KIESER, op. cit., N 4 to Art. 60; ANDREAS FREIVOGEL, op. cit., p. 118).
The court finally found that there was no gap in the law and that…