Key legal question
Whether the appellant had a legal entitlement to surplus gains allocated to employer contributions in the former pension foundation.
Extracted holding
No entitlement was shown, because no rule, foundation resolution, or approved allocation plan granted the appellant a proportional claim to those surplus amounts.
Extracted reasoning
The court found no statutory or regulatory basis for an individualized credit of the surplus shares. Protokoll statements about preserving active members' rights did not create enforceable rights, and no approved split plan existed.