Key legal question
Whether the AHV damage claim against H. was time-barred under Art. 52 AHVG
Extracted holding
The damage claim was time-barred; the lower court correctly upheld the objection and set aside the collection decision.
Extracted reasoning
The Court held that Art. 52 AHVG contains interruptible limitation periods. The 2004 damage decision initially preserved the two-year period, and the 2005 remittal decision also interrupted it. But the later inquiries to the bankruptcy office, police, and prosecutor were not qualifying judicial or party acts under Art. 138 OR and therefore did not interrupt limitation. By the time of the 13 June 2007 employer control, the limitation period had already expired.