Key legal question
Whether the pension fund's repayment claim was time-barred.
Extracted holding
Yes. The claim was subject to the one-year limitation period of Art. 67(1) OR, and the pension fund had knowledge of the claim by 2005 but did not interrupt limitation before filing suit in 2007.
Extracted reasoning
For pre-2005 claims without a special reglementary limitation rule, restitution of wrongly paid occupational pension benefits was governed by unjust enrichment principles and the limitation period in Art. 67(1) OR, not the ten-year period of Art. 127 OR. The fund knew of its claim at the latest on 14 April 2005 and took no interrupting step before 23 May 2007.