Recognition of a foreign divorce judgment with respect to the equalization of pension claims against a Swiss occupational pension institution

Facts

The case concerns a French woman who applied to a Swiss court for the recognition and supplementation of a French divorce judgment in order to divide the termination benefits of her husband's Swiss pension fund. The lower instances dismissed the claim, whereupon the woman filed a complaint with the Federal Supreme Court.

The Federal Supreme Court dismissed the complaint. The decisive factor was that the new provisions of the Swiss Private International Law Act (PILA) that entered into force on January 1, 2017, establishing the exclusive jurisdiction of Swiss courts for the equalization of pension claims against Swiss pension institutions, preclude the recognition of the already legally binding French divorce judgment.

However, the Federal Supreme Court concluded that the legislator had not intended a retroactive application of these new jurisdiction rules. Therefore, the French divorce judgment is to be examined and generally recognized with regard to the pension equalization according to the rules applicable until the end of 2016.

Considerations

The Federal Supreme Court justified its decision as follows

According to the new PILA provisions, Swiss courts have exclusive jurisdiction for the equalization of pension claims against a Swiss occupational pension institution. Foreign judgments on such pension claims can therefore no longer be recognized.

However, the legislator did not intend a retroactive application of these new…