Facts
Swiss citizen B., born in 1931, lived her entire life abroad. After the death of her German husband in 1978, she contacted the responsible Swiss Consulate in C. in 1981 and inquired about the possibility of joining the voluntary AHV/IV insurance for Swiss citizens living abroad. The Consulate informed her that by joining, she would be guaranteed an old-age pension, without mentioning the minimum contribution period of one year. Consequently, B. joined the voluntary insurance in 1982. The Consulate informed the Compensation Office that B., as a non-working widow, was exempt from making contributions. The Compensation Office confirmed her enrollment but pointed out the minimum contribution period. Nevertheless, the Consulate informed B. that as a widow, she did not have to pay any contributions. B. remained contribution-free until her retirement in 1993. The Compensation Office then rejected her pension application, as the minimum contribution period was not met.Considerations
The Federal Supreme Court decided that B. can invoke the principle of good faith based on the Consulate's conduct. Although the Compensation Office provided correct information, the Consulate's actions created a situation that justified B.'s trust in her pension entitlement. The Consulate failed to specifically inform B. of the impending risk of not meeting the pension requirements,…