Federal Administrative Court, Decision C-400/2019 of 15 March 2021

15. April 2021 – In this decision, the Federal Administrative Court had to decide whether the lower court lawfully decided not to exempt the appellant, who had recently moved to Italy, from the obligation to be insured in Switzerland under the KVG. The lower court based its decision on the fact that the appellant had clearly missed the deadline for appealing against the decision in question. The appellant countered that the procedure for his naturalisation at his new place of residence had taken more than half a year, that he had therefore not been able to register with the Italian Tessera Sanitaria and that he had thus not been able to meet the relevant deadlines in Switzerland.

Because the lower court was no longer able to prove that the order that was the subject of the appeal had been delivered by post to the appellant - the Swiss postal service's consignment numbers can only be traced over a period of 360 days - and because it bore the burden of proof for this, the Federal Administrative Court assumed that the appellant's objection was submitted in time. The appeal was upheld and the case was referred back to the lower court for examination of the merits.

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