Key legal question
Whether the insured’s invalid income had to be determined under the DAP method or by a special approach for travelling people.
Extracted holding
For a member of the travelling community, invalid income could not be assessed as if a sedentary full-year job were generally reasonable; only employment compatible with the nomadic lifestyle could be demanded.
Extracted reasoning
The court held that BGE 138 I 205 applies in accident insurance as well. A sedentary, year-round job would unduly interfere with the protected travelling way of life and amount to indirect discrimination. Therefore, the DAP-based full-year comparison used by SUVA was not appropriate.