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Retroactive insurance premium and frivolous appeal fee

ATA/213/1997Court of Justice / Administrative ChamberApr 8, 1997Dismissed

Open source

Extracted by Omnilex

Omnilex summary

The court upheld the demand for an exceptional retroactive premium from insured persons, referring to its judgment of 2 August 1996. It also imposed a CHF 300 fee on the appellant for maintaining a frivolous appeal after the ATFA decision had been received.

Omnilex headnote

LAMA art. 12; exceptional retroactive premium for insured persons; frivolous appeal. An exceptional premium retroactively charged to insured persons may be upheld where supported by the applicable statutory framework and prior case law. A party who maintains an appeal despite having received the pertinent appellate decision may be sanctioned with a modest fee for temerity; persistence in such circumstances justifies a cost sanction.

Full text

Descripteurs

ASSURANCE SOCIALE; AM; PRIME D'ASSURANCE; PROCEDE TEMERAIRE; ASSU

Normes

LAMA.12

Résumé

Selon l'ATFA du 2.08.96, une prime exceptionnelle et rétroactive pouvait être exigée des assurés. Emolument de Frs 300.- pour recours téméraire infligé au recourant qui a refusé de retirer son recours alors que l'ATFA lui était parvenu.

Keywords

social insuranceinsurance premiumretroactive chargefrivolous appealcost sanction

Extracted by Omnilex

Key legal questions extracted by Omnilex

Key legal question

Whether an exceptional retroactive insurance premium could be charged to the insured persons under LAMA art. 12.

Extracted holding

Yes. The court followed its prior case law of 2 August 1996 and held that such a premium could be required.

Extracted reasoning

The court relied on the cited precedent and accepted the legality of the exceptional retroactive premium under the applicable statute.

Key legal question

Whether the appellant should bear a CHF 300 fee for a frivolous appeal after refusing to withdraw it despite receipt of the ATFA decision.

Extracted holding

Yes. A CHF 300 fee for a frivolous appeal was imposed.

Extracted reasoning

The appellant persisted with the appeal even after the ATFA decision had been communicated, justifying a temerary-appeal fee.

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