Question juridique clé
Whether moratory interest on overdue AVS contributions could be charged until the debt was fully paid, despite the underlying contribution claim being time-barred.
Solution extraite
Moratory interest runs until full payment of the contribution debt and can be claimed within five years from that payment; the cantonal court could not limit the interest period to five years from the contribution year.
Motifs extraits
Interest under Art. 41bis RAVS is compensatory, independent of fault, and begins on 1 January after the contribution year; it ends only when the contributions are fully paid. The five-year limitation for asserting the interest claim starts when the amount can be calculated, normally upon payment.