Questão jurídica principal
Whether the cantonal court could remit a BVG benefits action back to the pension fund instead of deciding the claim itself
Decisão extraída
In a BVG action under Art. 73 BVG, remission to the pension institution is not permissible; the court must itself take necessary evidence and then decide the claim.
Fundamentação extraída
The proceeding is not based on an administrative decision but on a pension institution's refusal to pay, which is not subject to res judicata. Therefore, a performance judgment is required; additional findings must be made by the court within the evidentiary process.