Decision on the Jurisdiction of the Administrative Court in the Contribution Dispute with the Foundation for Flexible Retirement in the Main Construction Industry

Facts

[B. AG] relocated its registered office from [X.] to [Y.] and was sued by the Foundation for Flexible Retirement in the Main Construction Industry (Foundation FAR) to pay outstanding contributions for the period from 19 April 2004 to 28 June 2006. The Foundation FAR is responsible for the implementation of the Collective Bargaining Agreement for Flexible Retirement in the Main Construction Industry (CBA FAR). [B. AG] disputed the local and subject-matter jurisdiction of the court seized. The Administrative Court of the Canton of Zug established its subject-matter and local jurisdiction in a partial decision.

Considerations

The Federal Supreme Court confirmed the jurisdiction of the Administrative Court as a Occupational Pension Court pursuant to Art. 73 OPA. While the civil justice system is generally responsible for questions of the scope of application of a generally binding Collective Bargaining Agreement, the Occupational Pension Court can also assess this preliminary question, as it is legally relevant for the outcome of the contribution dispute…