Facts
The dispute concerns the statute of limitations of the claim for damages of the occupational pension fund against its governing bodies under Art. 52 OPA. The Federal Supreme Court examines ex officio the issue of the statute of limitations, which is a matter of federal law. The Federal Supreme Court considers that the claim for damages is subject to the ten-year statute of limitations under Art. 127 CO, and not to the statute of limitations of Art. 41 OPA which only applies to periodic benefits and contributions. The statute of limitations begins to run at the end of the actual term of office of the governing body, provided that the breach of obligations has been remedied beforehand. It is not the date of the financial transaction contrary to the investment regulations, nor the date of the damage that are decisive, but the moment when the responsible governing body leaves its functions within the pension fund.Considerations
The Federal Supreme Court considers that the ten-year statute of limitations under Art. 127 CO applies to the claim for damages of the pension fund against its governing bodies under Art. 52 OPA. This period begins to run at the end of the actual term of office of the governing body, provided that the breach of obligations has been remedied beforehand.
Indeed, the Federal Supreme Court considers that it is not appropriate to base oneself on the date of an individual financial transaction contrary to the investment regulations, nor on the date of the occurrence of the damage, as these elements may be difficult to identify by the persons entitled…