Facts
- [A. AG] had been a member of the Swiss Builders' Association (SBV) since 1 January 2004 and was thus contractually bound to the Collective Bargaining Agreement for Flexible Retirement in the Main Construction Industry (CBA FAR). - [A. AG] was divided into the two organizationally independent business units "Construction" and "Gypsum" until the end of May 2011. The "Gypsum" business unit in turn comprised the "Facades" and "Gypsum" areas. - The Administrative Court of the Canton of Bern qualified the "Facades" and "Gypsum" areas as separate business units. It obliged [A. AG] to pay default interest and FAR contributions for the period from 1 January 2010 to 31 May 2011 and [B. AG] to pay FAR contributions for the period from 1 June 2011 to 31 May 2012.Considerations
- The Federal Supreme Court confirmed the qualification of the "Facades" area as a separate business unit covered by the scope of the CBA FAR. - However, the Federal Supreme Court held that from January 2009 onwards, there was no longer any contribution obligation for…