Questione giuridica chiave
Whether the French supplementary pension must be included when calculating the bilateral differential supplement under Art. 16 para. 2 of the Swiss-French social security convention.
Decisione estratta
No. The French supplementary pension is excluded from the convention’s scope by No. 12 of the Final Protocol and must not be taken into account.
Motivazione estratta
Although the lower court treated the supplementary pension as part of the French legislation covered by the convention, the Final Protocol expressly excludes French supplementary pension schemes from the treaty. Therefore only the ordinary French pension is relevant for the differential calculation.