Question juridique clé
Whether delivery of the appeal to a customs office on the last day preserved the social-insurance appeal deadline under Art. 39 para. 2 and Art. 60 LPGA.
Solution extraite
Yes. In contentious social-insurance proceedings, the deadline is preserved when a party timely submits the appeal to any incompetent authority, including a customs office, provided there is no abusive misdirection.
Motifs extraits
Art. 39 LPGA applies by analogy under Art. 60 para. 2 LPGA. The concept of an incompetent authority is not limited to insurers; it covers any federal, cantonal, or communal authority. The customs office was an incompetent public authority and the claimant had not abused the rule because the appeal was addressed to the court and the customs staff accepted it for transmission.