Facts
In this case, the question was whether pension institutions are allowed to charge insured persons processing fees for the early withdrawal or pledging of pension assets to finance home ownership. The Federal Social Insurance Office had obliged a pension institution to reimburse such administrative costs collected since 12 June 1995, as there was no regulatory basis for them. The pension institution filed a complaint against this ruling. The Federal Appeals Commission for Occupational Old-Age, Survivors' and Disability Pension Provision dismissed the complaint and ordered that all cost contributions (with the exception of land registry fees) collected since 1 January 1995 be reimbursed.Considerations
The Federal Supreme Court dismissed the pension institution's appeal. It stated that the levying of individual administrative cost contributions for the early withdrawal or pledging of pension assets for the promotion of home ownership is generally permissible, but requires a regulatory basis. The pension institution had not proven the existence of such a basis. Therefore, the contributions collected were unlawful, and the pension institution had to reimburse them…