Questione giuridica chiave
Whether BVG invalidity pension payments must be offset against the claimant's loss-of-earnings damages.
Decisione estratta
Yes. BVG disability pension benefits are congruent compensation for the same loss and must be deducted, even for future benefits.
Motivazione estratta
The court held that overcompensation must be avoided. Under pre-2005 law, pension funds still had a right of recourse against the liable third party regardless of any assignment, so the pension benefits were to be considered in the damage calculation.