Question juridique clé
Whether the AI office was liable in damages for omitting for years to issue a pension-revision decision
Solution extraite
The omission did not constitute unlawful conduct toward the pension fund because the revision rules did not create a protective duty or guarantor position vis-à-vis occupational pension institutions.
Motifs extraits
The duty to decide under invalidity insurance serves the insured person and the insurer, not the pension fund's patrimonial interests. Article 23(a) BVG does not make pension funds blindly bound in a way that turns AI revision duties into protective norms for them.