Key legal question
Whether Art. 6(2) HVI has a sufficient statutory basis under the IVG/ATSG framework.
Extracted holding
Yes. Art. 21(4) IVG is a sufficient legal basis for Art. 6(2) HVI as a further rule on the provision of assistive devices.
Extracted reasoning
The Federal Supreme Court held that Art. 21(4) ATSG/IVG covers factual situations of resistance to integration measures, not replacement costs for lost or destroyed assistive devices. Under Art. 21(4) IVG, the ordinance-maker has broad discretion to regulate the conditions of assistive-device provision, and the rule fits within the statute and the general duty to mitigate damage.