Facts
The dispute concerns the applicant's right to an invalidity pension under the BVG (Federal Law on Occupational Retirement, Survivors' and Disability Pension Plans). The Federal Insurance Court has involved the life insurance company R. SA as an intervening party in accordance with Art. 110 para. 1 OJ (Federal Supreme Court Act). This has the effect of extending the authority of the final judgment to this intervening party, who will have to submit to it in any subsequent proceedings against them. However, this intervention does not have the consequence of expanding the subject matter of the dispute, which remains limited to the applicant's claim against the respondent, the pension fund. The Federal Tribunal cannot rule on conclusions aimed at establishing the liability of a pension institution that was not involved at first instance, as this would exceed the subject matter of the dispute.Considerations
According to case law, the subject matter of the dispute in an appeal on a point of public law is the legal relationship that is the subject of the contested decision. When the appeal only concerns certain legal relationships established by the decision, the uncontested legal relationships are part of the subject matter of the appeal, but not of the subject matter of the dispute.
The intervention of a third party in the proceedings has the effect of…