Question juridique clé
Whether occupational pension assets may be withdrawn to finance owner-occupied housing in Spain for an insured person living and working in Switzerland.
Solution extraite
No. The apartment in B., Spain, was not shown to be the insured person's ordinary place of stay within the meaning of the housing-promotion rules, so an early withdrawal was unavailable.
Motifs extraits
Early withdrawals for foreign property are only possible where the dwelling is used at the insured person's residence or ordinary place of stay. Occasional holidays and later retirement plans were insufficient; given the distance and travel burden, regular stays were not plausible.