Late appeal in accident insurance case

ATA/666/1998Court of Justice / Administrative ChamberOct 20, 1998Inadmissible

Extracted by Omnilex

Omnilex summary

In an accident-insurance dispute, the court held that the three-month appeal period is calculated from date to date and that the starting day is not counted twice. Because the recourse was filed after that deadline, it was declared inadmissible as late.

Omnilex headnote

LAA art. 108 al. 1; computation of the three-month appeal period in accident insurance: the period runs from date to date, and the initial day is not counted twice. A filing lodged after expiry of that period is inadmissible for lateness.

Full text

Descripteurs

ASSURANCE SOCIALE; ACCIDENT; AA; DELAI; ASSU

Normes

LAA.108 al.1

Résumé

Recours tardif (le délai de 3 mois est compté de quantième en quantième et celui-ci ne doit pas être compté deux fois).

Keywords

social insuranceaccident insurancetime limitlate appealadmissibility

Extracted by Omnilex

Key legal questions extracted by Omnilex

Key legal question

Whether the appeal against the accident-insurance decision was filed within the statutory time limit.

Extracted holding

The appeal was filed too late; the three-month period runs from date to date and the starting day is not counted twice.

Extracted reasoning

The court applied the time-limit calculation rule and concluded that the filing exceeded the deadline.

Late appeal in accident insurance caseAI generated