Questione giuridica chiave
Whether annulling the opposition decision after a case was struck out revived the original AI decision and required allowing withdrawal of the opposition under Art. 12(2) OPGA.
Decisione estratta
No. The return of the file after the cantonal procedure did not revive the original decision; the second administrative procedure had to start anew under the then-applicable procedural rules, so there was no basis to offer withdrawal of the opposition.
Motivazione estratta
The opposition decision had replaced the original decision and defined the object of the judicial dispute. When it was later annulled following the administration's agreement with the insured's request, the entire first administrative procedure was extinguished. The new phase had to proceed from the beginning under immediately applicable procedural law. Therefore, the cantonal court's instruction to allow withdrawal of the opposition violated federal law.