830.1
ATSGLPGA
CH
CH
Art. 35 Legge federale del 6 ottobre 2000 sulla parte generale del diritto delle assicurazioni sociali (LPGA) - Competenza
LPGA; Capitolo 4: Disposizioni generali di procedura
Art. 35 LPGA · Competenza
L’assicuratore esamina d’ufficio la propria competenza.
L’assicuratore che si reputa competente lo dichiara in una decisione formale qualora una parte ne contesti la competenza.
L’assicuratore che si reputa incompetente prende una decisione di non entrata nel merito qualora una parte ne affermi la competenza.
Decisioni giudiziarie che applicano questa disposizione (33)
A/3439/2024 · ge (Art. 35 al. 3 LPGA)
Insured's Claim for Compensation Revision Barred by Insurer Incompetence Ruling
The file is transmitted to the appellee so that it may rule on its jurisdiction by a formal decision subject to opposition, as provided for under Art. 35 al. 3 LPGA if the insured claims the insurer is competent.
KV.2024.00095 · zh (Art. 35 Abs. 1 ATSG)
Zurich Municipality Obligated to Decide on Residual Care Costs under KVG
Cited in the context of the administrative body reviewing its own jurisdiction.
KV.2024.00095 · zh (Art. 35 Abs. 3 ATSG)
Zurich Municipality Obligated to Decide on Residual Care Costs under KVG
This provision was cited implicitly in the reasoning for accepting the appeal directly, despite the administrative decision being a non-entry decision concerning jurisdiction.
VBE.2022.382 · ag (§ 35 Abs. 6 KVGG i.V.m. Art. 61 lit. g ATSG)
Applicant v. Denying Authority: Subsidies and Partnership Determination
Justifies the non-award of party compensation to the appellant in this specific case where the matter was returned for further investigation.
ZL.2022.00024 · zh (Art. 35 Abs. 1 ATSG)
Claimant v. Local Authority: Center of Life and Jurisdiction Remanded
Cited implicitly as the legal basis obliging the authority to examine its jurisdiction initially.
ZL.2022.00024 · zh (Art. 35 Abs. 3 ATSG)
Claimant v. Local Authority: Center of Life and Jurisdiction Remanded
Cited implicitly as the rule followed by the authority when it declared itself incompetent and refrained from ruling on the merits (non-entry).
ZL.2022.00024 · zh (Art. 35 Abs. 1 ATSG)
Residence Dispute for Supplementary Benefits
Cited to establish the obligation of the authority to verify its jurisdiction.
ZL.2022.00024 · zh (Art. 35 Abs. 3 ATSG)
Residence Dispute for Supplementary Benefits
Cited to regulate the procedure when an authority declares itself not competent.
A/3766/2020 · ge (Art. 35 al. 2 et 3 LPGA)
Unemployment Benefits Denial Upheld Due to Insufficient Contribution Period Pending Labor Dispute Resolution
Cited as an example of a procedural ordering decision regarding competence.
S 2020 171 · zg (Art. 35 ATSG)
Insurance Jurisdiction Appeal Based on Subsequent Domicile Change
Cited in the reasoning section as the general rule on competence from which the Federal Council can deviate, providing context for the jurisdictional rules used.
CDP.2020.21 · ne (Art. 35 al. 2 LPGA)
Lump Sum Allocation and Competence of Social Insurance Fund
Cited in the reasoning to explain the insurer's obligation to issue a decision when its competence is contested.
CDP.2020.21 · ne (Art. 35 al. 3 LPGA)
Lump Sum Allocation and Competence of Social Insurance Fund
Cited in the reasoning to explain the insurer's obligation to issue a decision of inadmissibility when it deems itself incompetent.
608 2018 28 · fr (art. 35 LPGA)
Insured's Appeal Against Denial of Blanket Recusal of Disability Insurance Office Staff Dismissed
Cited as part of the legal framework that governs the examination of competence by the competent AI office, reinforcing that no provision allows for competence transfer based on recusal.
A/3461/2017 · ge (art. 35 et 58 al. 3 LPGA)
Appeal Inadmissible for Failure to Exhaust Administrative Remedies
Cited in the reasoning for the decision to transmit the case to the competent authority, although this specific article is used to justify the transmission order (Order 2).
608 2017 87 · fr (Art. 35 al. 1 LPGA)
Competence of Disability Insurance Office Transfer
Cited regarding the duty of the AI office to examine its jurisdiction, which underpins the finding that the transfer of competence was legally invalid.