Inclusion of the "Geothermal Drilling" business unit under the Collective Bargaining Agreement for Flexible Retirement in the Construction Industry (CBA FAR)

Facts

- The Foundation for Flexible Retirement in the Construction Industry (Foundation FAR) sued B. AG for payment of contributions for the "Geothermal Drilling" business unit for the period from July 1, 2003 to December 31, 2010. - The Administrative Court of the Canton of Bern ordered B. AG to pay contributions to the Foundation FAR. - B. AG appealed against this decision.

Considerations

- The Federal Supreme Court examines the jurisdiction and admissibility requirements ex officio. It concludes that the Foundation FAR was entitled to sue for the contributions even for the period before September 1, 2006 in its own name, based on Art. 23 para. 1 of the CBA FAR. - The decisive factor is whether the "Geothermal Drilling" business unit of B. AG fell within the operational scope of Art. 2 para. 4 lit. a of the Declaration of General Applicability of the CBA FAR. - The Federal Supreme Court applies the principles for the interpretation of provisions on the declaration of…