Question juridique clé
Whether the application for an AHV contribution was filed in time and the one-fifth reduction under Article 225 AHVV was justified.
Solution extraite
Because the missing envelope made proof of the mailing date impossible due to the coordinating office's conduct, the resulting evidentiary uncertainty had to be borne by the Federal Office; the reduction was therefore not justified.
Motifs extraits
For filings handed to the post for a coordinating office, only the date of posting to that office matters. Although the applicant bears the burden of proving timeliness, the burden shifts when proof is impossible for reasons attributable to the authority. Since the coordinating office failed to keep the envelope and did not record the relevant dates, the applicant could not be held to a stricter proof requirement.