Denial of justice for failure to issue a formal decision

ATA/180/1998Court of Justice / Administrative ChamberMar 31, 1998Granted

Extracted by Omnilex

Omnilex summary

The insured person complained of a denial of justice in social insurance proceedings because the insurer had all necessary elements to decide but did not render a formal decision. The court upheld the appeal, holding that the failure to issue a decision constituted a denial of justice. The matter was therefore sent back in substance so that the insurer could decide formally.

Omnilex headnote

LAA art. 106; denial of justice where the insurer refrains from issuing a formal decision despite having sufficient elements to rule; an appeal is admissible and must be upheld when the administrative authority unlawfully leaves the claim pending instead of deciding it. The decisive criterion is not whether further investigation would be desirable, but whether the authority already disposes of the material necessary to render a decision (cf. consid. 1).

Full text

Descripteurs

ASSURANCE SOCIALE; ACCIDENT; AA; DROIT D'OBTENIR UNE DECISION; PROCEDURE ADMINISTRATIVE; ASSU

Normes

LAA.106

Résumé

Recours pour déni de justice admis car l'assureur qui disposait des éléments pour statuer, n'a pas rendu de décision formelle.

Keywords

social insuranceaccidentdenial of justiceformal decisionadministrative procedure

Extracted by Omnilex

Key legal questions extracted by Omnilex

Key legal question

Whether the insurer committed a denial of justice by failing to issue a formal decision despite having sufficient information to decide.

Extracted holding

Yes. The appeal was upheld because the insurer should have issued a formal decision and did not do so.

Extracted reasoning

An authority may not leave a matter undecided when it already has the elements needed to rule; the absence of a formal decision constitutes a denial of justice.

Denial of justice for failure to issue a formal decisionAI generated