Question juridique clé
Whether the reimbursement claim had expired under Article 25(2) ATSG because the fund knew or should have known of the overpayment earlier.
Solution extraite
The cantonal court's finding that the fund could not have discovered the unlawfulness before early 2007 was binding and the expiry objection failed.
Motifs extraits
The appellant's version amounted to inadmissible appellatory criticism. The factual finding was neither manifestly incorrect nor based on qualifiedly erroneous appraisal of the evidence, so the Federal Supreme Court was bound by it under Article 105 BGG.