Admissibility of appeal in social insurance matters

ATA/706/1996Court of Justice / Administrative ChamberNov 26, 1996Inadmissible

Extracted by Omnilex

Omnilex summary

The court held that, in social health insurance matters, a recours de droit administratif before the cantonal insurance court is available only against the objection decision. Because the challenged act was not such a decision, the appeal was declared inadmissible.

Omnilex headnote

Art. 86 al. 1 LAMal; admissibility of administrative appeal to the cantonal insurance court. The statutory remedy is restricted to the objection decision (décision sur opposition). A party cannot validly challenge another procedural or administrative act by this route. If the appeal is directed against a non-appealable decision, the court must declare it inadmissible without entering into the merits.

Full text

Descripteurs

ASSURANCE SOCIALE; AM; PROCEDURE; DECISION D'IRRECEVABILITE; ASSU

Normes

LAMAL.86 al.1

Résumé

"Ce n'est que contre la décision sur opposition qu'un recours de droit administratif est ouvert au Tribunal cantonal des assurances".

Keywords

social insurancehealth insuranceadmissibilityobjection decisionadministrative appealinadmissibility

Extracted by Omnilex

Key legal questions extracted by Omnilex

Key legal question

Whether an administrative appeal is admissible before the Cantonal Insurance Court against a decision other than the objection decision.

Extracted holding

Under Art. 86(1) LAMal, only the objection decision may be challenged by a recours de droit administratif before the Cantonal Insurance Court.

Extracted reasoning

The appellate route is limited by law to the objection decision; a challenge directed at another type of decision is therefore inadmissible.

Admissibility of appeal in social insurance mattersAI generated