Facts
Parties: The appellant is the OPA Foundation, and the respondent is [A. GmbH] .
Facts: [A. GmbH] joined the OPA Foundation in 2005. In 2017, the foundation initiated enforcement proceedings for a claim of CHF 133,409.40. The employer filed a legal objection to the payment order. The foundation issued a payment decision, against which the employer filed an appeal. The Federal Administrative Court partially upheld the appeal and amended the decision. The foundation then filed an appeal with the Federal Supreme Court.
Issues in dispute: 1. Whether the costs of CHF 1,100.- were incorrectly included in the decision. 2. Whether default interest can be charged on extraordinary administrative costs.
Considerations
The Federal Supreme Court first examines whether the costs of CHF 1,100.- were incorrectly included in the decision. The foundation acknowledges that the employer has settled the entire claim, including the disputed costs. Since the foundation acknowledges the settlement of the debt, definitive enforcement cannot be granted. The previous decision as well as the decision of November 28, 2017, are set aside.
Subsequently, the Federal Supreme Court examines whether default interest can be charged on extraordinary administrative costs. The Federal Administrative Court has ruled that default interest can only be charged on contribution claims, not on ancillary claims such as costs. The foundation argues that "contributions" within the meaning of Art. 66 para. 2 OPA also include regulatory administrative costs. The Federal Supreme Court finds that Art. 66 para. 2 OPA only provides for default interest on contributions not paid on time, not on costs and fees. The joining agreement confirms this by providing for default interest…