Kernrechtsfrage
Whether the insured had a right to unemployment benefits from 2006-08-01 despite being married to the employer's sole administrator.
Extrahierter Entscheid
No. As the spouse of a person who could decisively influence the employer, she was excluded from the claimed unemployment benefits because of the risk of abuse.
Extrahierte Begründung
The court applied the case law developed from Art. 31(3)(c) AIG analogously to unemployment benefits. The spouse of a person in an employer-like position can be rehired and thereby influence the loss of work; the rule also prevents the risk of abuse, not only proven abuse. The later liquidation of the company was irrelevant because it post-dated the decisive opposition decision.