Employer bound by pension foundation claim due to lack of response

ATA/366/1995Court of Justice / Administrative ChamberJul 3, 1995Granted

Extracted by Omnilex

Omnilex summary

A pension foundation sought payment of an amount from an employer. The employer did not react to the authority’s request, and the claim was granted. The decision turns on the party’s duty to cooperate in the establishment of facts and the procedural consequences of silence when no contrary evidence or comment is provided.

Omnilex headnote

LPA 22; duty to cooperate and establishment of facts; where a party, after being invited to comment or produce information, remains silent, the authority may decide on the basis of the record and accept the duly substantiated claim. The procedural consequence of non-cooperation may lead to the grant of the requested amount when the opposing party fails to rebut the allegations or to assist in clarifying the facts.

Full text

Descripteurs

PROCEDURE ADMINISTRATIVE; CONSTATATION DES FAITS; DEVOIR DE COLLABORER; PREUVE; COLLABORATION(EN GENERAL)

Normes

LPA.22

Résumé

Octroi du montant réclamé par une Fondation LPP à l'employeur, faute de réaction de celui-ci.

Keywords

administrative procedureestablishment of factsduty to cooperateproofnon-response

Extracted by Omnilex

Key legal questions extracted by Omnilex

Key legal question

Whether the employer’s failure to react justified granting the amount claimed by the pension foundation under the duty to cooperate in fact-finding.

Extracted holding

Because the employer did not respond and thereby failed to cooperate, the claimed amount was granted.

Extracted reasoning

Under the duty to cooperate, a party that does not contest the facts or provide requested information bears the procedural consequences of its silence; the authority may accept the substantiated claim.

Employer bound by pension foundation claim due to lack of responseAI generated