Questione giuridica chiave
Whether default interest was owed on retroactively paid occupational pension benefits
Decisione estratta
No default interest was owed, because no judicial claim or debt enforcement against the foundation had been initiated and no statutory or regulatory basis was shown.
Motivazione estratta
In the absence of a specific regulation, Art. 105(1) CO applies by analogy; interest on pension payments begins only from filing of a debt collection or court action. The appellant neither substantiated a regulatory entitlement nor showed that he had triggered interest by suing or enforcing the claim.