Questione giuridica chiave
Whether the appellant had a right to supplementary benefits from 1 December 2015 despite imputed waived assets
Decisione estratta
Only EUR 100,000 transferred to Brazil was treated as waived assets; the authority could not impute the full pension capital.
Motivazione estratta
The court found evidence of traceable use of part of the funds, but for the EUR 100,000 transferred for the appellant’s benefit there was no proof of legal obligation or adequate counterperformance. The burden of proof lay with the appellant, and the unexplained transfer justified treating that amount as waived assets.