Facts

The decision concerns a company, Elektro-Raetus AG, part of whose activity was reevaluated by the SUVA (Schweizerische Unfallversicherungsanstalt) with an increase in insurance premiums. The company contested this decision and requested the suspensive effect of its appeal. The SUVA rejected this request, arguing that the suspensive effect is only granted in exceptional cases.

The key facts are as follows

  • The SUVA reevaluated part A of the company Elektro-Raetus AG with an increase in insurance premiums from 28.7% to 38.5% as of January 1, 1984.
  • The company contested this decision and requested the suspensive effect of its appeal.
  • The SUVA rejected this request, arguing that the suspensive effect is only granted in exceptional cases.
  • The company then appealed to the Federal Insurance Court, which rejected its request for a suspensive effect.

Considerations

The Federal Insurance Court considered that the suspensive effect is only granted in exceptional cases, when the interests of the appellant prevail over those of the insurer. In this case, the company did not demonstrate that the reevaluation of the insurance premiums would result in an unbearable financial burden.

The Court also considered that the SUVA had already taken into account the company's interests by offering it payment facilities. The company did not provide sufficient evidence to demonstrate that the reevaluation of the insurance premiums would result in an…