Key legal question
Whether § 93 Abs. 1 lit. e SV can be applied to a social assistance recipient who owns and uses a car without health or work necessity.
Extracted holding
The provision is only applicable insofar as it allows the recipient to rebut the presumption of misuse; as an irrebuttable presumption it is disproportionate and inapplicable.
Extracted reasoning
The court held that car use may in exceptional cases be financed without misuse of social assistance. A rule that automatically treats such use as misuse and bars rebuttal exceeds what is necessary and violates proportionality.