Questão jurídica principal
Whether the respondents are liable under Art. 52 AHVG for unpaid social insurance contributions.
Decisão extraída
The respondents were not liable because the company’s payment prioritization of wages and suppliers, combined with concrete restructuring efforts and a realistic expectation of timely back-payment, constituted a justified excuse under the case law.
Fundamentação extraída
The cantonal findings that the company first paid essential claims and could reasonably expect to settle social insurance contributions shortly thereafter were not manifestly incorrect. On that basis, the legal conclusion that justification grounds existed was not contrary to federal law.