Facts
Seerestaurant Mythenquai AG is affiliated with the Occupational Pension Scheme for Restaurateurs (BAV Wirte). In an affiliation agreement dated November 13, 1985, Seerestaurant Mythenquai AG had contractually committed to pay the statutorily required contributions to BAV Wirte. With applications dated February 8 and 9, 1988, BAV Wirte requested the single judge in summary proceedings at the District Court of Zurich to grant provisional debt enforcement for its contribution claims from the 4th quarter of 1986 and the 1st quarter of 1987. The single judge dismissed the debt enforcement requests, as the calculation bases for the contribution claims had apparently changed since the signing of the affiliation agreement due to an amendment to Art. 5 of the Ordinance on Occupational Old-Age, Survivors' and Disability Pension Provision (BVV 2), and these bases could no longer be considered as acknowledged in writing by Seerestaurant Mythenquai AG. The nullity appeal filed against this was dismissed by the High Court of the Canton of Zurich. BAV Wirte filed a constitutional appeal against this decision with the Federal Supreme Court for violation of Art. 4 of the Federal Constitution.
Considerations
The Federal Supreme Court overturned the decision of the High Court. Pursuant to Art. 82 para. 1 of the Debt Enforcement and Bankruptcy Act, provisional debt enforcement can be requested if the claim is based on a debt acknowledgment confirmed by signature. In the present affiliation agreement, Seerestaurant Mythenquai AG had contractually committed to pay the statutorily required contributions.…