Kernrechtsfrage
Whether the insured person had to be heard before the pension was revoked for an alleged breach of the duty to report.
Extrahierter Entscheid
Yes. The insured person had a right to be heard before the revocation, and this was not replaced by any opportunity to object.
Extrahierte Begründung
The police report was the decisive basis for the revocation, but it was not disclosed to the insured person before the decision. Because no prior hearing or pre-notice was given, the constitutional and statutory right to be heard was violated. The defect was serious and could not be cured in the judicial appeal because the case had to be remitted for further fact-finding and the revocation was not based on sufficiently established facts.