Kernrechtsfrage
Whether the court could decide a damages claim for unlawful conduct by the unemployment authorities without a prior administrative decision
Extrahierter Entscheid
No. A damages claim under Art. 78 LPGA and Art. 82a LACI first had to be decided by the competent fund; absent such a decision, the claim was not before the court.
Extrahierte Begründung
In administrative litigation, only matters on which the authority has already issued a binding decision can be reviewed. Since the fund had never ruled on state liability for damage, there was no justiciable object.