Kernrechtsfrage
Whether Unia is liable to SUVA for damages under Art. 78 ATSG for the erroneous accident notice and resulting benefits paid.
Extrahierter Entscheid
Yes. The damage was caused by a wrongful act attributable to the unemployment fund in its capacity as a responsible insurance body, and SUVA qualifies as a third party under Art. 78 ATSG.
Extrahierte Begründung
The fund could not rely on self-culpability or forfeiture. SUVA exercised due diligence and learned of the lack of cover only later. The new factual allegations raised only before the Federal Court were inadmissible.