Facts
In this case, it was about debt collection by the Substitute Occupational Benefit Institution (Stiftung Auffangeinrichtung BVG) against X. GmbH for outstanding contributions amounting to CHF 2,963.10. The Debt Collection Office Bern-Mittelland issued the payment order on June 11, 2012, in response to which the debtor company X. GmbH filed an objection. The Substitute Occupational Benefit Institution (Stiftung Auffangeinrichtung BVG) obligated X. GmbH to pay and removed the objection. On October 18, 2012, the Foundation requested the continuation of the debt collection, whereupon the Debt Collection Office served X. GmbH with the bankruptcy threat.
Against the bankruptcy threat, X. GmbH filed a debt collection complaint and claimed that the debt collection was excluded for the claimed debt. The cantonal supervisory authority dismissed the complaint, whereupon X. GmbH filed a complaint with the Federal Supreme Court.
Considerations
The Federal Supreme Court has decided that the debt collection of the Substitute Occupational Benefit Institution (Stiftung Auffangeinrichtung BVG) for employer contributions does not fall under the exception from bankruptcy debt collection pursuant to Art. 43 para. 1 DEBA. The Substitute Occupational Benefit Institution (Stiftung Auffangeinrichtung BVG) is a private law foundation and not a legal entity under public law, so the exception provision does not apply.
The Federal Supreme Court…