Facts
The appellant, [B.] , received pensions from the accident and disability insurance and had been living in Brazil for several years. The disability insurance office for insured persons abroad provisionally discontinued the payment of the previously paid full disability pension with immediate effect, after the Swiss Mobiliar insurance company had definitively discontinued its pension payments.
The appellant filed an appeal and requested that the ruling be revoked, the pension benefits be continued, and the appeal be granted suspensive effect again. The Federal Administrative Court rejected the application for reinstatement of the suspensive effect and later dismissed the appeal.
The appellant filed an appeal in public law matters with the request that the decision of the Federal Administrative Court be revoked insofar as the statutory pension benefits were to be paid to him retroactively from December 30, 2006, and until further notice.
Considerations
The Federal Court ruled that the contested decision is not a final decision within the meaning of Art. 90 FSCA, but a preliminary or intermediate decision on the ordering of a provisional measure within the meaning of Art. 93 FSCA. The irreparable harm within the meaning of Art. 93 para. 1 lit. a FSCA must generally be of a legal nature.
The Federal Court came to the conclusion that the provisional discontinuation of pension payments does not result in irreparable harm, since the pension can be paid retroactively in the revision procedure. The appellant did not explain why an irreparable harm should exist in his case. Therefore, the appeal cannot be considered.
However, the Federal Court found that the discontinuation of the pension was made without legal hearing and the…