Question juridique clé
Whether Unia is liable to SUVA for damages under Art. 78 ATSG for the erroneous accident notice and resulting benefits paid.
Solution extraite
Yes. The damage was caused by a wrongful act attributable to the unemployment fund in its capacity as a responsible insurance body, and SUVA qualifies as a third party under Art. 78 ATSG.
Motifs extraits
The fund could not rely on self-culpability or forfeiture. SUVA exercised due diligence and learned of the lack of cover only later. The new factual allegations raised only before the Federal Court were inadmissible.