Kernrechtsfrage
Whether the claimant had a right to unemployment benefits from 1 January 2009 despite his spouse's employer-like position in the former employer company.
Extrahierter Entscheid
No. The spouse's employer-like position meant the claimant remained excluded from unemployment benefits.
Extrahierte Begründung
By analogy to the rules excluding employer-like persons and their spouses, the risk of abuse is sufficient; no concrete abuse need be shown. The spouse kept her position until 26 November 2009.