Questão jurídica principal
Whether the ordered dissolution of the pre-1997 employer LPP reserve infringed property rights because it lacked a legal basis.
Decisão extraída
The reserve dissolution amounted to an interference with property and was unlawful because the new legislation did not provide a transitional rule or other sufficient legal basis for disposing of reserves created under the former law.
Fundamentação extraída
The reserve was financed voluntarily from the appellant’s own revenue and its use now benefits the State by increasing its share of the office surplus. That constitutes an interference with the constitutional guarantee of property. The cantonal authorities relied on an alleged prior agreement, but its content and lawfulness were not established and it could not replace a statutory basis.