Key legal question
Whether the pension fund was entitled to party compensation after filing the repayment action
Extracted holding
No. A pension institution cannot claim party compensation; only an insured person prevailing under § 7 para. 3 VVV may receive such compensation, absent mutwillige or leichtfertige conduct by the opponent.
Extracted reasoning
The wording of § 7 para. 3 VVV limits compensation to the successful insured person. The defendant was not passive and therefore did not litigate recklessly or in bad faith.