Facts
The respondent, a 1951-born Kosovo citizen, had worked in Switzerland from 1977 to 1981 and made contributions to the Swiss Old-Age, Survivors' and Disability Insurance (AHV/IV). On 13 March 2005, he applied for a pension at the IV office for insured persons abroad (IVSTA), stating that he was mentally ill and that rehabilitation measures were not possible.
The IVSTA obtained various documents and arranged for a psychiatric assessment in Pristina. In a preliminary decision of 5 July 2007, the IVSTA informed the respondent that the application for benefits had to be rejected, as there was no disability. The respondent submitted further documents, which led the IVSTA to conduct additional investigations.
In a second preliminary decision of 12 May 2010, the IVSTA informed the respondent that, since 1 April 2010, there was no longer an inter-state agreement on social insurance between Switzerland and Kosovo. On 10 June 2010, the IVSTA confirmed its opinion in a ruling and rejected the application for benefits.
The respondent then requested that the ruling of 10 June 2010 be revoked and that he be granted the statutory benefits. The Federal Administrative Court upheld the appeal and revoked the IVSTA's ruling of 10 June 2010.
Considerations
The Federal Court had to decide whether the Swiss-Yugoslav Social Insurance Agreement applies to Kosovo-Serbian dual citizens. The Federal Administrative Court had established in its decision of 7 March 2011 that the agreement remains applicable, as Kosovo-Serbian dual citizens are not to be treated worse than persons of Serbian nationality from…