Question juridique clé
Whether a request to execute a foreign judgment on division of vested pension benefits is admissible when filed against the ex-spouse rather than the pension institution.
Solution extraite
No. The request had to be directed against the pension institution holding the vested benefits; the ex-spouse was not the proper respondent and could not execute such a decision.
Motifs extraits
Under Art. 25a LFLP and Art. 73 LPP, execution of a foreign judgment on pension splitting by a Swiss institution requires proceedings against the pension institution. Since the filing targeted only the former spouse, the request was procedurally defective and therefore inadmissible.