Kernrechtsfrage
Whether the Swiss courts should entertain an action to supplement the French divorce judgment regarding occupational pension assets.
Extrahierter Entscheid
The action could not succeed because the French divorce decision had already taken the spouses’ post-divorce economic situation into account and the Swiss request appeared to be an attempt to correct an unsatisfactory result rather than fill a true gap.
Extrahierte Begründung
The Court distinguished occupational pension splitting from French compensatory maintenance, but held that where the foreign divorce judgment materially addressed the retirement-related economic situation, a supplementary action is not a vehicle to revise the patrimonial consequences of divorce.